Provider Terms

§1 Validity of the terms

  1. This provider terms apply to all contracts punkt.de closes with a business-company for the purpose of the §14 BGB about services in conjunction with the Internet, according to the punkt.de-demand-tariff. If punkt.de delivers hard- or software or other goods in conjunction with provider services, the common terms and conditions of punkt.de will also count.
  2. Business conditions of the client to the contrary are invalid as well as punkt.de does not disagree its validity explicit and punkt.de accomplishes the contract.
  3. Agreements differ in individual cases have to be in written form to be valid.

§2 Conclusion- and subject terms of the contract

  1. The extend of provider services of punkt.de, the payments the customer has to make and, if necessary, other conditions will be defined between punkt.de and the customer in an individual contract (order). As far as the individual contract refers to a tariff sheet with the agreed punkt.de-demand-tariff, the expressed conditions are part of the contract.
  2. The binding individual contract comes about, because punkt.de accepts the written order of the customer by sending a countersigned copy of the contract, a written acceptance of the order, or by an interlocking act. The customer is bounded to the order at punkt.de within two weeks upon the receipt.

§3 Prices and payments

  1. punkt.de calculates for its provider services one-time, or continuous fees. The amount and the cycle of the fees due to the individual contract. One-time fees are payable on receipt by the customer without deduction for payment.Continuous fees are to prepay quaterly due net, if not explicitly agreed different in the individual contract, after issuing the invoice through punkt.de.
  2. As far as the continuous fees are defined through the agreement about the    degree of utilisation (e.g. MByte transfer-achivement or storage capacity), the fees will not get reduced, if the customer does not, or just partly, occupies the scale of utilisation. If the customer exceeds the agreed scale of utilisation, punkt.de will charge a top-up fee according to the demand-tariff at the next settlement deadline.
  3. All prices imply the participation at the direct debiting system. In case of another form of payment extra charges in the amount of €4.- per invoice incurred. If cheques or debits get refused by the bank because of causes the client has to argue for, punkt.de charges a seperated flat rate of €15.-.
  4. All prices are additional purchase tax in legal height.
  5. If the customer defaults with the payments for provider services of punkt.de, punkt.de will have the right to deny payable provider services for the customer - particularly to temporarily cancel the provided access to the Internet  – until the default is eliminated. If so, punkt.de will announce in written form to cancel the Internet access with a constant interim deadline of 10 workdays to eliminate the default. Other legal and contractual rights of punkt.de due to the customers default stay intact in spite of the refusal of performance.
  6. punkt.de charges default interest of eight percentage points above the base rate. The assertion of a higher damage caused by delay is reserved.

§4 Changes in tariff and modification of tariff

  1. punkt.de has the right to adapt the fees and the service descriptions of the agreed demand tariff to the circumstances trough a notice to the customer in writing with a period of pre-announcement of two month at the end of the quater (change in tariff). If the client does not want to continue the contract with the changed tariffs he has the right to cancel it up to the date of the change in tariff.
  2. punkt.de will be up to modify the contract to a demand tariff with higher scope of services each with the beginning of a calendar month (modification of tariff), if the client applies for this in written form up to the 10. workday of the previous month. The modification of the tariff implies, that the client signs an individual contract about the new demand tariff.

§5 Area of punkt.de's responsibility; power disruptions

  1. punkt.de offers its provider services on the basis of the current state of the Internet and the current technical, legal and commercial framework for the access to the Internet and data traffic in the Internet. The customer is aware that the quality of Internet access and data traffic in the Internet depends on these conditions and other circumstances – e.g. the conditions on downstream data lines - whereupon punkt.de has no influence and no responsibility.
  2. In accordance with para.1, disturbances of the Internet access and the data traffic in the Internet, are outside the area of responsibility of punkt.de, and are without prejudice to the claim for remuneration of punkt.de. If such disruptions involves, that punkt.de can not offer the service to the customer, or if the service is not fully available to the customer over a significant period, the customer will have the right to an extraordinary denunciation with a seven days' notice, each with the end of a calendar month. The denunciation needs to be in written form to be valid. Further rights of the customers are excluded.
  3. If punkt.de does not fulfil its services, or does not fulfil ist services in contractual way, in other than those in §5 para.2 provided cases, it is up to the customers, to give a notice of defect toward punkt.de in written form. If punkt.de does not perform its services even after the expiry of a reasonable period after a legitimate notice of defect, the customer will have
    the right to reduce the ongoing fees for provider services appropriately for the period and in the extend punkt.de did not perform these services cantractually after receiving the written notice of defect. In addition, the
    customers has the right to extraordinary cancel the contract in written form. The extraordinary denunciation assumes that the customer set punkt.de another written time limit of at least one week to provide the contractual services and that this period had expired unsuccessfully. For damages or replacements for futile expenses §10 apply.

§6 Area of customer's responsibility

  1. If punkt.de does not explicitly assume further commitments in the contract, it will be the responsibility of the customer, to establish the necessary technical infrastructure (hardware, software, telecommunication, internal network) for the participation on the Internet at is/her own expense and to maintain it up to the dial-point punkt.de has provided. On request punkt.de advises customers about the form of the infrastructure. The customer bears all telecommunication costs up to the punkt.de location.
  2. The customer provides punkt.de all required informations for the registration as a participant on the cantractual services in due form. He is responsible for the chosen addresses and names (domain, e-mail-addresses) to be free and does not impinge upon third party's rights.
  3. It is the responsibility of the customer to properly code and setup specific information for the Internet as far as punkt.de has not explicitly assumed advisory obligations.
  4. The customer is obliged to treat items (e.g. router) punkt.de provides due care and attention and in accordance with the instructions given by punkt.de. These items remain company-owned by punkt.de and have to be returned on request at any time. The customer is liable for the loss that occures for punkt.de by the breach of those obligations.
  5. Does violations by the customer against the above, or other participation duties and obligations causes the fact, that punkt.de can not, not fully, or not timely perform provider services, the customer does not have any rights against punkt.de; claims for remuneration of punkt.de particularly stay intact.
  6. The customer has to ensure that his /her sphere associated IT-infrastructure is protected appropriately through professional activities of IT-security.

§7 Responsibilities of the customer on the Internet

  1. The customer is obliged not to abuse the access to the Internet in a unlawful way and to respect the rights of third parties. This includes particularly the following duties of the customer:
    1. The customer shall ensure that the data he/she posted into the Internet is not against the law about the protection of minors, the personal rights of third parties and trademark rights, espacially the copy rights of third parties. The customer omits the introduction of data with immoral content.
    2. The customer is required to omit exorbitant burden on the networks by untargeted or improper dissemination of data. This includes the sending of so-called spam-mail. The customer must not send mass e-mails via the punkt.de mail server as well.
    3. The customer shall ensure that his/her scripts and programs which are used on the punkt.de server are not vitiated with errors which are capable to disturb the value performance by punkt.de.
  2. In the case of a breach of the obligations under para.1, punkt.de is entitled to temporarily block the Internet-access in whole or in part, or other provider services immediately and/or to contract out of the agreement witout notice.
  3. The customer indemnify punkt.de from the claims of third parties, caused by the breaches of duty pursuant to para.1. He/she has to make good the damage resulting for punkt.de from such breaches.

§8 Copyright, data protection

  1. The customer is aware that data, which he/she has access to within the using options punkt.de provides are possibly copyrighted. It is the responsibility of the customer to ascertain if the data are copyrighted before using such data. punkt.de does not take responsibility for pontenial claims for demage of third parties.
  2. It is the responsibility of the customer, to protect the data he inserted to the Internet against abuse by codification or by any other way. punkt.de has no responsibility to take technical or legal measures to protect this information.

§9 Use by third parties

  1. punkt.de grants the customer Internet access for the own purpose of the customer. The customer is not entitled to leave the access totally or     predominantly commercial to third parties.
  2. If the customer leaves the Internet access for use to third parties, he/she is responsible for the own behaviour an the behaviour of the third parties.

§10 Liability

  1. punkt.de is only liable in full for damages or vainly expenditure, regardless of the legal basis (contractual or non-contractual breach of main- or secundary-duty, liability for defects, tort) in the presence of intention or gross negligence. In case of ordinary negligence punkt.de is only liable if a duty is violated, whose performance enable the correct accomplishment of the contract at all, whose neglect endangers to serve the purpose of the contract and on which abidance the customer constantly trusts (cardinal obligation) as well as in case of liability because of default or because of original impossibility of the case; in the mentioned cases the liability is limited on the level of the amount of the allowance which is agreed for the particular supply and service. In other cases of minor default punkt.de is not liable.
  2. The liability under the Product Liability Act and for personal injury as well as for guarantees punkt.de gives are unaffected of the limitation of liability in accordance with para.1.
  3. As far as punkt.de is liable for data loss under para.1 and 2, the liability is limited on the loss of such data, which the customer secured due diligence (at least once a day), so that he/she can replicate the data with reasonable cost, exept for the case of intent or gross negligence.

§11 Privacy and data protection

  1. punkt.de and the customer will protect documentation of each other of the unauthorised information of third parties, which are explicitly marked as confidential data or obviously need confidential handling.
  2. The customer agrees to the electronic storage and processing of the data by punkt.de in connection with the purposes of the each completed contract. He/she also agrees that punkt.de refers data to third parties, as well as it is  necessary to serve the purpose of the contractual relationship (e.g. in connection with the activities compared to Denic).

§12 Cancellation

  1. Contracts about provider performances, for which punkt.de charges continuous fees are contracted for an indefinite time. If it is not explicitly agreed otherwise in the individual contract, they are cancellable with a four weeks’ notice each with the end of a calendar quarter. The minimum duration of these contracts is six month, if not explicitly agreed otherwise in the individual contract.
  2. The two parties will reserve the right of an early extraordinary notice of cancellation if there is an important reason.
  3. Each cancellation has to be in written form to be effective.

§13 Special provisions in relation to DENIC

  1. punkt.de occurs as a mediator between the DENIC and the customers in relation to .de domains.
  2. The customer closes a contract with DENIC via punkt.de, in which a calculation occures by punkt.de.
  3. In the event of a incorrect quitting of the contract by the customer, his/her direct contractor is DENIC, in which he/she has to owe DENIC for the .de-domain in accordance with the valid DENIC-list.

§14 Final rules

  1. Only the laws of the Federal Republic of Germany are valid.
  2. The exclusive jurisdiction for all disputes arising from this contract will be Karlsruhe, if the customer is a trader or a legal person of public law or public law special assets or if he/she does not have a general Jurisdiction in the Federal Republic of Germany.

State of version: 16. Juli 2008