General Terms and Conditions Raidboxes GmbH
Content of the online offer
A. General regulations
§1. Scope of application, amendment of the General Terms and Conditions
- These GTC apply to all services provided by Raidboxes GmbH, Hafenstraße 32, 48153 Münster (hereinafter Raidboxes).
Insofar as the term "customer(s)" is used in the following, this refers to both consumers within the meaning of § 13 BGB (German Civil Code) and entrepreneurs within the meaning of § 14 BGB.
- Raidboxes provides all services exclusively on the basis of these GTC, even if no express reference is made to them. This also applies in particular if the customer uses their own general terms and conditions and these contain terms and conditions that conflict with or deviate from the terms and conditions listed here. The GTC provided by Raidboxes shall also apply exclusively if Raidboxes carries out the order without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from the terms and conditions listed here.
- Supplementary to these General Terms and Conditions of Business of Raidboxes, additional special terms and conditions apply for individual products, in particular for domains, which can be called up here. These additional terms and conditions also apply if the corresponding product is merely part of a package booked by the customer which also includes other services.
- Raidboxes reserves the right to amend these GTC at any time, subject to a reasonable period of notice. If the customer does not object to the change within a period set by Raidboxes, the change is deemed to be approved. Raidboxes shall inform the customer in the notice of amendment that the amendment will become effective if the customer does not object within the set period. In the event of a timely, formal objection, the previous GTC shall continue to apply in the relationship between the parties; in this case, both the customer and Raidboxes shall be entitled to terminate the contract extraordinarily within two weeks of notification of the GTC within the framework of a special right of termination.
§ 2. Subject matter of the contract, services provided free of charge, amendments to the contract
- Raidboxes provides Software as a Service (SaaS) services for making content available via the Internet. For this purpose, system resources are made available to the customer on a server. The customer can store content up to a certain size on this server. The content is made available on the server under an Internet domain assigned to the customer for retrieval via the Internet. The exact scope results from the service description of the plans offered by Raidboxes.
- The concrete subject matter of the contract is a so-called » raidboxes® Account" (hereinafter uniformly used for customer menu and overall contract), in which the customer can create and manage one or more "Boxes" (hereinafter also "Box"), domains and add-ons.
Boxes are system resources that are made available to the customer in order to create new installations of the open source content management system (CMS) WordPress quickly and in a user-friendly manner. The maximum possible number of Boxes per contract results from the service description of the plans offered by Raidboxes. In accordance with the respective service description, the customer is provided with storage space, computing power (in the form of CPU and RAM) and the type of server, as well as other offer-specific setting options on the system resources provided by Raidboxes. Offer-specific setting options mean functions that Raidboxes provides at server level. These include in particular write access to files and folders of the WordPress core software, web server settings and backups as well as Raidboxes add-on services.
- Raidboxes is permitted to involve subcontractors when granting storage space and server resources. The use of subcontractors does not release Raidboxes from its sole obligation to the customer to fulfil the contract in full.
- The contents of the storage space intended for the customer shall be backed up regularly by Raidboxes (backups). Details on the frequency and procedure of the backups can be found in the service description. The customer has no claim to the surrender of any of the backup media, but only to the retransfer of the backed-up contents to the server.
- Raidboxes reserves the right to expand services and make improvements if these serve technical progress, appear necessary to prevent misuse or the provider is obliged to do so due to legal regulations. Other changes to the content of the contract, including these terms and conditions, can be made by Raidboxes – with the consent of the customer – provided that the change is reasonable for the customer, taking into account the interests of Raidboxes. In particular, any change to the contract that results in a reduction of the main contractual services of Raidboxes is unreasonable. Consent to the amendment of the contract is deemed to have been given if the customer does not object to the amendment within one month of receipt of the amendment notification. Raidboxes undertakes to inform the customer of the consequences of a failure to object in the course of the notification of change.
- Insofar as the use of the customer or reasons on the part of Raidboxes make it necessary, Raidboxes reserves the right to transfer the customer's data to another server environment (data migration). The aim here is always to improve the service in terms of availability, performance or scope of services. In doing so, Raidboxes shall ensure that the data migration is reasonable for the customer, taking into account the interests of Raidboxes.
- Voluntary, free services and benefits of Raidboxes, which are expressly designated as such and are not part of the service description, can be discontinued by Raidboxes at any time. Raidboxes will take into account the legitimate interests of the customer when making changes and discontinuing free services and benefits.
- Registration of domains
If the customer commissions the provider to register a domain, the contract is concluded exclusively between the customer and the respective registry (registrar). Raidboxes acts for the customer within the framework of an agency relationship. Raidboxes has no influence on the domain allocation by the registry. Raidboxes also does not check whether the registration violates the rights of third parties. Raidboxes is entitled to release the customer's domain after termination of the contract.
§3 Conclusion of contract
- The services described on the website of Raidboxes do not constitute binding offers on the part of the provider, but serve as the basis for the submission of a binding offer by the customer.
- The customer can submit the offer via the online order form provided on the Raidboxes website. In order to submit an offer, prior registration is necessary. For the registration, the customer is requested to provide their name and email address. The Raidboxes account created in the process is free of charge for the customer.
Raidboxes can accept this offer within 2 days:
- by creating or converting the Box or
- by sending a written order confirmation via email.
- If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If Raidboxes does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.
- The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the third day following the sending of the offer.
- When submitting an offer via the Raidboxes online order form, the text of the contract will be saved by Raidboxes and sent to the customer in text form via email after the order has been sent. However, the contract text can no longer be retrieved by the customer via the website of Raidboxes after the order has been sent.
Before submitting a binding order via the online order form of Raidboxes, the customer can continuously correct their entries. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there.
- For the conclusion of the contract, the German, Spanish and English languages are available.
- Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him/her for order processing is correct so that the emails sent by Raidboxes can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by Raidboxes or by third parties commissioned by it to process the order can be delivered.
§4. Test phase (Demo Box)
- Prior to the conclusion of the contract, the customer has the possibility to create and use a free demo Box for a test period (duration dependent on the test plan selected). This test phase begins with the creation of the first Box in the Raidboxes account. During the test phase, the customer has the possibility to convert the free demo Box into a chargeable Box and to create and use one or more chargeable Boxes in addition to this demo.
- The customer must ensure the correctness of the data for the joint contract. In order to convert the free demo Box into a chargeable Box or to create a chargeable additional Box, the customer must make a corresponding declaration in the Dashboard and provide the information necessary for the processing of the contractual relationship (name, a summonable postal address (no P.O. boxes or other anonymous addresses) email address, telephone number and, if applicable, bank details). The customer assures that all data transmitted to Raidboxes are correct and complete. In the event of changes, the customer must update the data immediately via Dashboard or by notifying Raidboxes by post, chat or email. After expiry of the trial period, the free demo Box will be deleted if the customer has not converted it into a paid Box before expiry of the trial period. If the customer has not converted the free demo Box into a chargeable Box within one week after the expiry of the test phase, this Box will automatically be irrevocably deleted by Raidboxes.
- If the customer has neither converted the demo Box into a chargeable Box nor created a further chargeable Box in addition to this, then the contract as a whole shall end automatically one week after the expiry of the test phase without the need for termination on the part of the customer or Raidboxes. The customer will be informed of the automatic deletion of Box before the end of the test phase. Even after the expiry of the test phase, the customer will receive a notice to this effect twice within one week, at reasonable intervals, to the email address provided by him/her.
- Further information on the demo Boxes can be found in section B.
§5. Scope of service/availability
- Raidboxes shall provide the customer with a free "raidboxes® account" in the respective current version for the duration of the contract. The current scope of functions and services of the "Raidboxes Account" results from the current service description on the website of Raidboxes.
- The online service of Raidboxes is offered subject to availability. An availability of 100% is technically not feasible and can therefore not be guaranteed by Raidboxes. Due to the decentralised structure of the Internet, Raidboxes is only responsible for accessibility to the extent that the non-availability is due to the part of the network operated by it, the web server itself or one of its vicarious agents. The servers on which our services are based are operated by Hetzner Online GmbH, Digital Ocean LLC. and dogado GmbH. Hetzner guarantees an availability of 99.9% on an annual average (point 3.2 of the Hetzner GTCs), Digital Ocean an availability of 99.99%(https://www.digitalocean.com/docs/platform/droplet-policies/#droplet-service-level-agreement-sla) and dogado between 99%-99.99% depending on the component. Raidboxes is extremely committed to upholding these scores.
- Unless otherwise agreed, Raidboxes guarantees an availability of its services offered via the Internet of at least 99% on an annual average. Availability is given when the system resources and services are essentially ready for operation. Availability is calculated on the basis of the time allotted to the respective calendar month in the contractual period, minus the maintenance times defined below. Raidboxes will carry out the maintenance work, insofar as this is possible, during periods of low use.
- Raidboxes shall immediately eliminate all software errors in accordance with the technical possibilities. An error exists if the Raidboxes account does not fulfil the functions specified in the service description, delivers incorrect results or does not function properly in any other way, so that the use of the "Raidboxes Account" is impossible or restricted. Raidboxes is dependent on infrastructures operated by third parties (Digital Ocean LLC., Hetzner Online GmbH, dogado GmbH) to provide the service and Raidboxes has no influence over these. Therefore, disruptions or impairments may occur that have their cause outside the sphere of influence of Raidboxes, in particular disruptions of the Internet or due to force majeure.
- Raidboxes relies on infrastructures operated by third parties (Digital Ocean LLC., Hetzner Online GmbH) to provide the service and Raidboxes has no influence over these. Therefore, disruptions or impairments may occur which have their cause outside the sphere of influence of Raidboxes, in particular disruptions of the Internet or due to force majeure.
The following circumstances do not apply as disruptions to operation:
- Interruptions in accessibility due to disruptions in the area of third parties over which Raidboxes has no influence
- Interruptions due to force majeure
- Short-term interruptions of the operation, which are necessary to prevent or avoid concrete dangers by a possible abuse by third parties (so-called exploits) (e.g. by updates).
- In order to maintain the performance of the technology used, Raidboxes regularly carries out maintenance and service work. Insofar as this work is associated with service outages, Raidboxes will, where possible, schedule these at times when demand is usually low.
- In order to maintain a high level of security, software updates are regularly installed. This can change the scope and the design of the services provided by Raidboxes. It cannot be ruled out that this will also require changes to the content deposited by the customer or the applications installed by the customer. It cannot be ruled out that this may also necessitate changes to the content stored by the customer or applications installed by the customer. As far as possible, Raidboxes will inform the customer of this beforehand. If such a system update requires unacceptable changes for the customer, the customer can terminate the contract extraordinarily.
- During the term of a contract, a change to a plan with more performance (upgrade) or less performance (downgrade) is possible at any time at the request of the customer. Any fees for the change are to be enquired about at Raidboxes. With the completed change, a new contract begins on the basis of the service description and GTC applicable at the time of the change and, if applicable, with a new minimum term. In the event of a change to a higher-value plan, any payments not used by the customer for the old plan will be refunded.
- The customer has no right to have the same IP address assigned to the server for the entire term of the contract.
§6. Breaches of performance
- Malfunctions shall be rectified by Raidboxes within the scope of technical and operational possibilities. The customer is obliged to notify Raidboxes immediately of any faults that are recognisable to him ("fault report"). If the fault is not rectified within a reasonable period of time, the customer must set Raidboxes a reasonable period of grace (usually one week). The grace period must be set in writing. If the fault is not remedied within this period of grace, the customer is entitled to compensation for any damage incurred. This claim does not apply to beta features offered by Raidboxes, voluntary free services and demo Boxes.
- If the functionality of Boxes is restricted due to content that is not in accordance with the contract or due to use that goes beyond the contractually assumed use, the customer cannot assert any rights with regard to disruptions based on this. In the event of force majeure, Raidboxes is exempt from the obligation to perform.
- If Raidboxes is in default with performance obligations, the customer is only entitled to withdraw from the contract if Raidboxes does not comply with a reasonable period of grace set by the customer. The grace period must be set in writing. The written form can be replaced by electronic form if the customer adds his name to the declaration and provides the electronic document with a qualified electronic signature in accordance with the German Digital Signature Act. The grace period must be at least two weeks.
§7. Changes in services
- Raidboxes reserves the right to change the services offered or to offer different services, unless this is unreasonable for the customer.
- Raidboxes also reserves the right to change the services offered or to offer different services,
- insofar as we are obliged to do so due to a change in the legal situation;
- insofar as we thereby comply with a court ruling or an official decision directed against us;
- as far as the respective change is necessary to close existing security gaps;
- if the change is only beneficial to the customer; or
- if the change is of a purely technical or procedural nature without any significant impact on the customer.
- Changes with only an insignificant influence on the services of the provider do not constitute changes to services within the meaning of this section. This applies in particular to changes of a purely graphical nature and the mere change of the arrangement of functions.
§8. Cancellation policy
- If the customer is to be regarded as a consumer within the meaning of § 13 BGB, the concluded contract may be revoked within fourteen days (revocation period) without stating reasons. According to § 13 BGB, a consumer is "any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. It is up to Raidboxes to determine whether a consumer status exists.
- In order to exercise the right of withdrawal, the consumer must inform Raidboxes by means of a clear declaration (e.g. a letter sent by post or an email) of his/her decision to withdraw from this contract. The attached model withdrawal form can be used for this purpose, but is not mandatory. To comply with the withdrawal period, it is sufficient if the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
- Consequences of revocation
After successful revocation, the payments made to date will be refunded immediately and at the latest within fourteen days of the day on which the notification of your revocation of this contract is received by Raidboxes. For this repayment, Raidboxes will use the same means of payment that was used for the original transaction, unless expressly agreed otherwise; in no case will fees be charged for this repayment.
- Sample cancellation form: (Delete as applicable.)
To Raidboxes GmbH
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notice is given on paper)
§9. Term of contract, termination
- The contract term results from the payment interval selected by the customer. After expiry of the contract term, it is automatically extended by the period of the previously selected payment interval.
- The contract can be terminated at any time, without notice, at the end of the contract.
- Notice of termination can only be given in writing by letter or via the secure online administration area (Raidboxes Dashboard). Cancellation by email is permissible if the email address used by the sender is stored for the customer account. The notice of termination must state the essential elements of the contract (surname, first name, customer number, contract number, Box number).
- If a customer has several Boxes, it is imperative that the notice of termination specifically states which Box and which contract is to be terminated.
- If the date of termination is not specified, the date of expiry of the contract shall be chosen.
- In the event of termination by the customer, the customer must indicate what is to happen to domains registered for him/her. If the customer does not provide timely instructions in this respect, even upon request by Raidboxes, Raidboxes shall be entitled to delete the domains (close). If the termination is effected by Raidboxes, the above shall apply accordingly with the proviso that Raidboxes must request the customer to issue instructions with the termination.
- The right of both parties to terminate the contractual relationship without notice for good cause remains unaffected. Good cause for termination by Raidboxes exists in particular in the following cases:
- The customer is in default with the payment of the agreed remuneration or a not insignificant part of the remuneration for two consecutive dates or the customer is in default with the payment of the remuneration in an amount corresponding to the remuneration for two months in a period extending over more than two dates.
- The customer is insolvent or an application for insolvency proceedings has been filed against his assets or the application for insolvency proceedings has been rejected for lack of assets.
- The customer violates essential contractual obligations and does not immediately cease this violation despite a warning or notification of the blocking of the content by Raidboxes.
§10. Terms of payment
- The amount of the charges to be paid by the customer to Raidboxes and the respective billing period result from the service description of the plan selected by the customer.
- Invoices are always issued online by posting the invoice on Dashboard as a downloadable and printable file.
The online invoice shall be deemed to have been received by the customer when it can be retrieved by the customer at Dashboard and has thus been placed at the customer's disposal. This also applies if Raidboxes also sends the invoice to the customer as a PDF document by email.
- Raidboxes offers the customer the option of paying amounts due by direct debit, invoice or credit card. The resulting billing period corresponds to the term of the contract. Payments are always due in advance.
- Payment by invoice: If the payment method invoice is selected, the usage-dependent fees are due in advance for the selected contract term. Invoices are to be paid within 10 days.
- Payment by SEPA direct debit: In the case of payments by SEPA direct debit, the use-independent fee is debited to the customer. The customer authorizes Raidboxes to debit the payments to be made by the customer from an account specified by the customer. For this purpose, the customer grants Raidboxes a direct debit mandate (SEPA) which can be revoked at any time. We currently accept direct debit mandates from Germany, Austria and the Netherlands. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution due to the chargeback if he is responsible for this. The customer shall have the right to prove that Raidboxes has incurred no loss or a significantly lower loss. For this purpose, the customer will be sent a reminder, which is to be transferred. There will be no automatic further collection of this claim.
- Payment by credit card: When paying by credit card, the customer is debited in advance for the usage-independent fee. For this purpose, the customer must enter his or her credit card data in the Raidboxes Dashboard. If debits are rejected by the respective payment service provider (e.g. due to outdated credit card data) or are not possible due to technical circumstances, Raidboxes reserves the right to change the payment method to invoice (letter a. above) or SEPA direct debit (letter b. above). The customer will be informed in good time by Raidboxes of any problems with the direct debit and will be given the opportunity to update their credit card data or billing information within a reasonable period before the changeover.
- If the customer is in default of payment, Raidboxes is entitled to refuse the services after a reminder has been sent. This is usually done by blocking the Box in question. The customer's payment obligation is not affected by this. The right to extraordinary termination without notice by Raidboxes remains unaffected.
- If the customer is in arrears with the payment of a not insignificant part of the remuneration for two consecutive months or with an amount corresponding to a monthly fee for a period of more than two months, Raidboxes may terminate the contractual relationship without notice for good cause.
- As with any service provided on a permanent basis, the costs of the services provided by Raidboxes can also change due to changes in the legal and economic context (for example, due to increases in energy and telecommunications costs). Raidboxes therefore reserves the right to change the prices at the beginning of a new billing period with a change period of six weeks. The customer is entitled to extraordinary termination at the time the price change takes effect. If the customer does not make use of this within four weeks of receipt of the notification, the change shall be deemed to have been approved; Raidboxes shall expressly draw the customer's attention to this.
- Raidboxes is entitled to increase the fees appropriately. In any case, an annual increase of no more than 10% is reasonable in this respect. The fee increase requires the consent of the customer. The consent shall be deemed granted if the customer does not object to the increase within one month after receipt of the change notification. Raidboxes is obliged to inform the customer of the consequences of a failure to object when notifying the change.
§11. Duties and responsibilities of the customer
- The customer has the option of manually backing up all files and software settings using the backup function. Corresponding backup options are available in the Raidboxes Dashboard. Notwithstanding the obligation of Raidboxes to create backup copies, the customer is obliged to create regular backup copies on his own responsibility.
- The responsibility for the content lies with the customer. The customer alone is responsible for all content that the customer stores or makes available for retrieval in the Box. Within the scope of his obligation to comply with the statutory and contractual regulations, the customer is also responsible for the conduct of third parties acting on his behalf, in particular of vicarious agents and assistants. This also applies to other third parties to whom he knowingly provides necessary access data. Raidboxes is not in a position to check the contents of the customer's pages for possible violations. Furthermore, the customer shall ensure that any programs, scripts or similar installed by him/her do not jeopardize the operation of the server or the communication network of Raidboxes or the security and integrity of other data stored on the servers of Raidboxes.
- The contents stored by the customer on the storage space intended for him may be protected by copyright and data protection law. The customer grants Raidboxes the right to make the contents stored by him on the server accessible in the event of queries via the Internet, in particular to reproduce and transmit them for this purpose and to be able to reproduce them for the purpose of data backup. The customer shall check on his own responsibility whether the use of personal data by him meets the requirements of data protection law.
- The secure handling of passwords is the responsibility of the customer. Raidboxes expressly points out that there are constant attempts on the Internet, among other things, to guess access passwords by automated probing. It is the customer's duty to protect his Boxes against such attacks and to choose passwords in such a way that they are not endangered by these scanning attempts.
- It is the customer's responsibility to change their passwords at regular intervals. Only passwords that are classified as very strong when checked should be chosen. The customer undertakes to keep the passwords received from Raidboxes for the purpose of access strictly secret and to inform Raidboxes immediately as soon as he becomes aware that unauthorised third parties are aware of the password. Likewise, the customer will inform Raidboxes immediately as soon as he has indications that third parties are using his server without authorization.
- The customer is obliged to provide correct and complete personal data when registering and to inform Raidboxes immediately of any changes to this data.
- The customer shall indemnify Raidboxes against all claims asserted by third parties against Raidboxes for infringement of their rights due to content stored by the customer on the server. The customer shall bear the costs of the necessary legal defence including all court and lawyer's fees in an appropriate amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide Raidboxes immediately, truthfully and completely with all information required for the examination of the claims and a defence.
- In the event of an imminent or actual breach of the above obligations, as well as in the event of the assertion of not obviously unfounded claims by third parties against Raidboxes on the basis of the content stored on the server, Raidboxes is entitled, also taking into account the legitimate interests of the customer, to temporarily suspend the connection of this content to the Internet in whole or in part with immediate effect. Raidboxes will inform the customer of this measure without delay.
- If programmes, scripts or similar installed by the customer endanger or impair the operation of the server or the communication network of Raidboxes or the security and integrity of other data stored on the servers of Raidboxes, Raidboxes may deactivate or uninstall these programmes, scripts etc. If the elimination of the threat or impairment so requires, Raidboxes is also entitled to interrupt the connection of the content stored on the server to the Internet. Raidboxes will inform the customer of this measure without delay.
- The customer shall avoid placing an excessive load on the server system of Raidboxes. An excessive load can be caused in particular by such scripts that are not included in the programme library of Raidboxes. In the event that the customer's content impairs or acutely endangers the functionality, security or availability of the server system, Raidboxes is entitled to delete the customer's account.
§12. Compliance with legal regulations and prohibited use
- The customer may allow its employees/vicarious agents to use Box in whole or in part.
- The customer is obliged to comply with all legal regulations, in particular also to provide the information prescribed by the TMG (German Telemedia Act) and the GDPR on a website. In particular, retrievable content, stored data, displayed banners as well as keywords used in search engine entries may not violate the law or the rights of third parties (in particular trademarks, name rights and copyrights).
The following are considered particularly serious violations:
- Infringements of the law for the protection of minors
- Significant copyright infringements caused by storing and/or making available for retrieval content, in particular music, images, videos, software etc.
- Criminal spying or manipulation of the data of Raidboxes and/or other customers of Raidboxes.
- The customer is contractually prohibited from
- offering or allowing to be offered pornographic contents as well as services aimed at making profits, which have pornographic and/or erotic content (e.g. nude pictures, peep shows etc.) as their subject matter,
- running phishing sites,
- to operate public games of chance that fall under the State Treaty on Games of Chance or to operate sites, which advertises or compares games of chance,
- offer content that glorifies or trivializes war, terror and other acts of violence against humans or animals,
- to offer content that is likely to seriously endanger the morals of children or young people,
- to provide content that portrays people in a way that violates human dignity and/or reflects an actual event without there being an overriding legitimate interest in precisely this form of reporting,
- the aforementioned obligations apply accordingly to references ("hyperlinks") set up on the website by the customer to such third-party content,
- to send non-transactional content when sending emails via the SMTP relay provided by Raidboxes. In particular, the sending of newsletters, spam and malware is strictly prohibited.
- The operation of download portals or a comparable use of the storage space for the mass distribution of files as downloads, as well as the installation of software or the excessive playing of videos whose data transfer (traffic) is not measured by default (measured by default: WWW traffic, mail traffic and FTP traffic) is not permitted. In the event of a violation, Raidboxes is entitled to delete the customer's account.
- The sending of spam emails via software installed in the Box is inadmissible insofar as it is not merely a case of sending emails to recipients without their consent and the consent of the respective recipient is not available, although it is required ("spam"). The burden of proving consent (cf. Section 7 (2) UWG) of the respective recipient is not on Raidboxes, but on the customer. The customer is also prohibited from advertising the contents of Boxes by means of spam emails sent via other providers. The customer is also prohibited from sending so-called "paid emails" or emails advertising a "referral system".
- Insofar as the customer is not acting as a consumer, Raidboxes may demand payment of a contractual penalty of up to EUR 5,000.00 in the event of a breach of obligations under these GTC for which the customer is responsible, the amount of which shall be determined by Raidboxes in each individual case and the amount of which the customer may have reviewed in court. The plea of continuation is excluded; in the case of continuous violations of the law, at least each month shall be deemed to be an independent violation. The assertion of further damages shall remain unaffected by the contractual penalty.
- The customer shall indemnify Raidboxes from damages arising from a violation of statutory provisions or third party rights, insofar as the customer is at fault. If indemnification is not possible, the customer shall owe compensation for the damages. The compensation also includes the reasonable costs of a necessary legal defence on the part of Raidboxes. Raidboxes shall inform the customer immediately if claims are asserted by third parties and shall give the customer the opportunity to comment.
§13. Liability of Raidboxes
- Raidboxes shall be liable for damages, irrespective of the legal grounds, within the scope of fault liability for intent and gross negligence. In the case of simple negligence, Raidboxes, subject to statutory limitations of liability (e.g. care in one's own affairs, insignificant breach of duty, etc.), shall only be liable for
- damages resulting from injury to life, limb or health, and
- damages arising from the breach of an essential contractual obligation (obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely). In this case, however, the liability of Raidboxes is limited to compensation for the foreseeable, typically occurring damage. In the event of a loss of data, the liability of Raidboxes is limited to the costs of copying the data from the backup copies to be made by the customer and for restoring the data that would have been lost even if the data had been properly backed up.
The limitations of liability resulting from paragraph 1 also apply to breaches of duty by or for the benefit of persons whose fault Raidboxes is responsible for according to statutory provisions. They do not apply if Raidboxes has fraudulently concealed a defect or assumed a guarantee and for claims under the Product Liability Act.
§14. Restrictions on use (blocking the Box, sending emails)
- Raidboxes is entitled to block Boxes without prior notice if objective facts give reason to suspect that a Box is being misused to a considerable extent by third parties (e.g. hacker attack). Likewise, Raidboxes is entitled to block a Box without prior notice in the event of any other significant and obvious (evident) infringement of laws or the rights of third parties.
- Raidboxes will inform the customer immediately about the blocking. Raidboxes satisfies its notification obligation if it sends the notification by email to the email address provided by the customer.
- If the blocking is due to a legal and/or contractual violation, Raidboxes may make the lifting of the blocking dependent on the customer removing the illegal condition and, in order to exclude the risk of repetition, issuing a cease-and-desist declaration to Raidboxes, which is subject to a contractual penalty, as well as providing an appropriate security. The amount of the contractual penalty promise as well as the security shall be based on the significance of the infringement. In order to remedy an infringement, it may be necessary for Raidboxes to temporarily remove the blocking. As a rule, Raidboxes will handle this as follows: The customer must first submit a written declaration that they wish to remove the infringement. Afterwards, Raidboxes will temporarily lift the blocking for removal and inform the customer of this.
- Raidboxes is also entitled to block Boxes if the customer is in default of payment. As soon as the customer has fulfilled his defaulting payment, his Box will be unblocked again.
- New Boxes can also be blocked for validation purposes. After the new customer has confirmed his identity, the Box will be activated.
- In the event of a malware attack on the Box, Raidboxes is entitled to block the infected Box immediately. This is done for system security and also as protection for the Box owner, as he will not receive any penalty from search engines and will not put the visitors to his Box in danger.
- Likewise, Raidboxes is entitled to prevent the sending of emails via the SMTP relay provided by Raidboxes if Raidboxes is requested to do so by the service provider on which the service is based.
§15. Data protection
- Raidboxes collects, processes and uses personal data of the customer. Further information on data processing and data protection can be found in our data protection declaration.
- Raidboxes expressly points out to the customer that data protection for data transmissions in open networks, such as the Internet, cannot be comprehensively guaranteed according to the current state of the art. The customer is aware that, from a technical point of view, the provider can view the page offer stored on the web server and, under certain circumstances, other data of the customer stored there at any time. Other participants in the Internet may also be technically able to intervene in network security without authorization and to control message traffic. The customer shall be fully responsible for the security and backup of the data transmitted by him to the Internet and stored on web servers.
§16. Place of jurisdiction, applicable law
- The place of jurisdiction for all disputes arising from the contractual relationship between the contracting parties, in particular regarding the conclusion, execution or termination of the contract, is - insofar as the customer is a registered trader, a legal entity under public law or a special fund under public law - Münster in Westphalia, district of Münster. Raidboxes may also sue the customer at the customer's general place of jurisdiction.
- The law of the Federal Republic of Germany shall apply exclusively to the contracts concluded by Raidboxes on the basis of these terms and conditions and to the claims arising therefrom, irrespective of their nature, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
§17. Other provisions
- The customer may only offset claims of Raidboxes if these are uncontested or have been legally established. The customer is only entitled to assert a right of retention due to counterclaims resulting from the contractual relationship with the provider.
- Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the contract as a whole.
B. Special conditions
§1. Special conditions for backups
- We offer our customers automatic backups as part of our service. These are automatically created daily from 3:00 am MEST and, depending on the size of the backup, it may take a few hours to create. Our backups are stored in the data centres of Amazon Web Services, Inc., 410 Terry Avenue North, Seattle WA 98109, United States, in short: AWS. We have selected Frankfurt as the server location. If a backup is created, the Box is mirrored in its actual version on the server at 3:00 am. We do not carry out a content or functional check of the website in this process.
- Each automatically created backup is stored for 30 days. After the 30 days have expired, the respective backup is irrevocably deleted.
- If a backup plugin independent of Raidboxes is used, Raidboxes cannot guarantee the completeness and functionality of the backup created by us.
- Raidboxes offers the customer the option of a manual backup. A manually created backup will be deleted as soon as the customer cancels and deletes his Box. The number of possible backups depends on the plan and can be found in the product description.
- The staging environment (database and file system) is not part of the backup at Raidboxes.
§2. Special conditions for free Boxes (Demo Boxes)
The special conditions described here supplement and substantiate the regulations set out in Section A §4.
1. Deviating regulation
For free Boxes during the test phase, the services listed in section A § 5 do not apply in full.
2. Service content
- Raidboxes offers demo Boxes for every selectable plan. Mini and Starter can be tested free of charge for 14 days, High Traffic-Boxes for 4 days. The exact demo times are displayed when you select the demo Box.
- For free Boxes during the test phase, the customer has no claim to provision of the full range of functions of the regular product.
3. Deletion of the data
- If the customer has neither converted the free Box account into a paid Box account nor created another paid account in addition to this free account, the contract shall end automatically without the need for termination by the customer or by Raidboxes after the end of the test phase. The free Raidboxes account shall continue to exist.
§3. Special conditions for the plan "Fully Managed"
- In the plan Fully Managed we offer automatic plugin (supporting WordPress software) and theme (WordPress design templates) updates for the CMS WordPress.
1. Procedure for updating plugins and themes
- An update process always requires a daily backup. After the update process, the website is checked for accessibility. A complete check of the website for functionality and design is not carried out. Due to numerous plugin updates to be carried out, the customer is not informed about plugin updates that have been carried out. The customer is therefore required to check his website at least once a week.
- This does not apply to pages that are neither accessible nor correctly linked. In this case, no automatic update takes place. In this case, the customer will be contacted by Raidboxes via the email address they have provided.
2. How to deal with problems
- If a site is no longer accessible after an update, Raidboxes will attempt to restore the previously created backup.
- If the customer detects problems with his website, the website can be restored to the previously created backup at any time. If an error is detected on the website through a plugin or theme update by Raidboxes, the previously created backup is restored on Box and the customer is notified. Together, it can then be decided whether an update should be suspended for the time being or whether an additional, chargeable support service should be used.
3. Disclaimer of liability
- Raidboxes is not liable for damage caused by plugin or theme updates. In particular, the customer has no right to claim that problems with plugin and theme updates will be remedied by Raidboxes.
§4 Special conditions for domain contracts
- If a domain is registered via Raidboxes, the contract is concluded directly between the customer and the respective registrar. Raidboxes acts in relation to the customer as an intermediary, Internet service provider (ISP), within the framework of a paid agency relationship (§675 BGB). Therefore, the registration conditions and guidelines of the respective awarding authority or register apply. Insofar as these contradict the present General Terms and Conditions of Raidboxes, the respective registration conditions and guidelines take precedence over the General Terms and Conditions of Raidboxes. An overview of the guidelines and registration conditions can be viewed here.
- The registration of domains takes place in an automated process. Raidboxes has no influence on the allocation of domains. Raidboxes therefore does not guarantee that the domains applied for on behalf of the customer can be allocated (delegated), will last in the long term and are free of third-party rights.
- The customer is obliged to cooperate in a reasonable manner in the registration, transfer and deletion of domains as well as in the modification of entries in the databases of the registries.
- The customer guarantees that his domains and the contents accessible under them neither violate legal regulations nor infringe the rights of third parties. Depending on the type of domain or the target of the associated content, other national legal systems must be observed, as it were.
- If it is made credible by a third party site that domains or contents infringe their rights, or if an infringement of rights is deemed probable to the conviction of Raidboxes due to objective circumstances, we may temporarily block the contents and take measures to make the domain in question inaccessible.
- The customer shall indemnify Raidboxes against claims for compensation by third parties based on the unauthorized use of an Internet domain or the associated content.
- If the customer renounces a domain vis-à-vis the respective registry or the registry, the customer shall inform Raidboxes thereof without delay.
- The termination of the contractual relationship with Raidboxes shall not affect the registration contract for a domain existing between the customer and the registry or the registrar. Cancellation orders concerning the registration relationship must nevertheless be addressed to Raidboxes, as the latter administers the domain for the domain holder and notifications from the domain holder, including contract cancellations, are regularly to be forwarded via the provider to the respective registry or registry.
- The customer's termination of the contractual relationship with Raidboxes therefore requires the customer's express written declaration that the domain is (also) terminated and can be deleted in order for the registration relationship for a domain to be validly terminated at the same time. If the customer is not also the domain holder, the termination or deletion order requires the written consent of the domain holder or admin.
- The deadline for submitting domain cancellation orders to Raidboxes is four weeks to the end of the term of the registration relationship for all domains in connection with the top-level domains .de, .at, .com, .net, .org, .biz, .info, .eu, and three months for all other domains.
- Late domain cancellation orders will be forwarded immediately to the registry by Raidboxes. However, it is clarified that if a termination order concerning the domain registration contract is not issued by the customer in due time and therefore the term of the domain registration is extended vis-à-vis the registry or the registrar, the customer's obligation to pay remains in force for the period of the extension.
- If the customer terminates the contractual relationship with Raidboxes, but does not make an express decision as to what is to be done with the domains registered via Raidboxes to date, the obligation to pay for the domains shall also remain in force until further notice. After an unsuccessful request to the customer, sent to the email address registered by the customer, to make a written declaration regarding the domains within a reasonable period of time, Raidboxes shall be entitled to transfer the domains to the direct administration of the respective registry or to release the domains on behalf of the customer. The same applies in the event of termination of the contractual relationship with the customer by Raidboxes.
- If domains are not placed in the administration of another provider by the customer at the latest by the termination date of the agency agreement on the administration of the domain between the customer and Raidboxes, Raidboxes is entitled to transfer the domains to the direct administration of the respective registry or to release the domains on behalf of the customer. This also applies in particular in the event that the customer has issued an instruction with regard to the transfer of the domain to a new provider, but this is not implemented in good time.
§5. Special conditions for add-ons
1. Performance description
- Within his contract the customer has the possibility to book additional add-ons.
- The scope of services of the add-ons offered by us can be found in the respective service description.
2. Conclusion of contract, contract implementation, termination
- One or more add-ons can be booked for each Box. The add-on is automatically linked to the contract in which the is located.
- If the Box is cancelled, the associated add-on is automatically cancelled as well.
- Each add-on can be cancelled independently of Box and the contract with a notice period of one month to the end of the contract.
3. Terms of payment
- Each add-on is billed together with the contract in which the Box is located. The synchronisation of the payment method and the payment interval is automatic.
- The payment method corresponds to the one chosen in the previously concluded contract.
- If the start of the contract for the add-on differs from the start of the contract associated with the Box, the add-on will be billed independently on a pro rata basis for the corresponding period.
§6. Special conditions for the "Free Dev" program
- Raidboxes offers its customers a free development environment. Within this environment, developers can create websites free of charge for 90 days on 3 demo Boxes at Start plan service level. After completion of the website, it is passed on to the customer's client within the scope of a change of ownership and only then converted into a chargeable Box. The transfer to the client can be additionally rewarded within the affiliate system of Raidboxes. Further information on our affiliate programme can be found here.
- This offer is aimed exclusively at web developers. In order to be activated for the Free Dev Program, prior registration is necessary. This can be done by filling out a form as part of the onboarding process. Alternatively, activation can take place by contacting our chat support.
- After successful admission to the Free Dev Program, Raidboxes provides the customer with up to 3 demo Boxes free of charge for 90 days each. After the 90 days, the Box is automatically deleted.
- After sending the form, Raidboxes can activate the customer for the Free Dev Program within a period of 3 days or reject the customer without giving reasons.
- Raidboxes is entitled to exclude the customer from participation in the Free Dev Program at any time if facts justify the assumption of misuse of the programme or other violations pursuant to § 12 of the General Provisions of these GTC exist.
§7. Special conditions for email services
- Customers of Raidboxes have the option of booking additional email services within their contract. In order to be able to offer email services, Raidboxes works together with mailbox.org within a reseller contract.
- The scope of services results from the service description of the selected package.
- Email hosting can only be created if a domain is available for access. This must be linked within the order process.
- It is the customer's responsibility to ensure that important backups of email are made.
5. Contract term/termination
- The contract period of the email box corresponds to that of the assigned contract.
- The email box can be terminated at any time, without notice, independently of the contract at the end of the assigned contract.
- If the contract to which the email box is assigned is terminated, the email box is automatically terminated at the same time and deleted at the end of the contract term.
6. Terms of payment
- Each email box is billed together with the assigned contract.
- The payment method corresponds to the one chosen in the previously concluded contract.
- If the start date of the contract for the email box differs from the start date of the contract associated with the Box, the email box will be billed independently on a pro rata basis for the corresponding period.
§8. Special conditions for the "Content Delivery Network" option (CDN option)
- Customers of Raidboxes have the possibility to increase the worldwide availability of their website by using a content distribution network via the CDN option. In order to provide this service, Raidboxes works together with proinity LLC (https://www.keycdn.com/) within the framework of a reseller contract. The scope of services can be found in the service description.
- The CDN option can be added to or cancelled from an existing contract at any time. Cancellation of the assigned contract automatically leads to cancellation of the CDN option. Billing is carried out according to the conditions of the assigned contract.
- For the provision of the CDN option, our general terms and conditions for availability (see above A § 5) and for the liability of Raidboxes (see above A § 13) apply accordingly.
§9. Special conditions for the Multisite option
- Customers of Raidboxes have the option of operating several WordPress subdirectories or WordPress websites on one WordPress instance via a WordPress Multisite. The scope of services results from the service description.
- Compared to WordPress single sites, the full scope of services of Raidboxes cannot be used. The current performance status can be viewed at any time in the "Multisite" performance description on the Raidboxes website.
Valid as of 20 November 2019