As of: 01.10.2024

§1 Fundamentals

1. The terms and conditions of HIG - Hanseatic IT UG (haftungsbeschränkt) (hereinafter Hanseatic IT) come into effect through customer orders. The order is fulfilled exclusively on the basis of these terms and conditions. Ancillary agreements must be expressly made in writing in the individual contract.
2. Section 1 also applies in the event that Hanseatic IT was aware of other terms and conditions. Other regulations are only valid if Hanseatic IT expressly agrees to other terms and conditions in writing.
3. Hanseatic IT reserves the right to amend the terms and conditions. The customer shall be notified of any amendments with a lead time of 4 weeks. The amended General Terms and Conditions shall become effective if the customer does not object in text form within four weeks of notification. If a written objection is received within these four weeks, Hanseatic IT can terminate the existing contract with effect from the date on which the amended General Terms and Conditions take effect.

§2 Conclusion of contract

A contract between the customer and Hanseatic IT is concluded when Hanseatic IT accepts the customer's offer to enter into a contract. If Hanseatic IT fulfils the services and obligations mentioned above, this also constitutes an acceptance of the contract. If the customer amends the offer, Hanseatic IT must accept this again in order for it to be valid. Hanseatic IT may use the services provided as a reference, and the same applies to the customer's name. If a customer does not want this, then he must object in due time and form.

§3 Content and use

1. The websites with their entire content must not violate legal regulations or morals. Furthermore, no rights of third parties may be violated. This all refers to the content, form and purpose of the website. The customer is obliged, on their own responsibility, to ensure that no content that glorifies violence, incites hatred or is pornographic is distributed via the website. Furthermore, no incitement to commit criminal offences or their promotion in any way is permitted. All violations also apply to any further services that arise from the customer's offer. This also applies to the nature of the data, its type and the possibility of reproducing it. In particular, this also applies to the storage and transmission of data on Hanseatic IT servers and those of its partner companies. If the customer is responsible for the above-mentioned violations, Hanseatic IT reserves the right to demand a contractual penalty of EUR 5,000 from this customer. In addition, Hanseatic IT reserves the right to make the affected content inaccessible or even to delete it. Furthermore, Hanseatic IT can demand compensation from the customer for any resulting damage. This applies only as long as the customer is responsible for this damage. The resulting compensation for damages occurs in addition to the contractual penalty and does not exclude it in any way. Hanseatic IT is exempt from third-party claims for damages, provided that these are due to the customer's breach of duty.
2. Hanseatic IT and its partner companies (vicarious agents) do not guarantee the forwarding of sent data and content to a recipient. This only does not apply if Hanseatic IT or one of its vicarious agents is guilty of gross negligence. If the customer exceeds the contractually agreed data and transfer volume, Hanseatic IT reserves the right to block these Internet pages and to demand a fee for the additional service.
3. If Hanseatic IT or one of its vicarious agents provides the customer with an anti-virus programme for use, it is hereby expressly pointed out that this does not guarantee complete protection. Hanseatic IT does not assume any liability for attacks by computer viruses or similar threats. The customer is responsible for securing the data. Hanseatic IT does not assume any liability for damages caused by any kind of computer attack.

§4 Customer Duties

1. The customer must inform Hanseatic IT immediately of any changes to the customer information provided. The customer also warrants that the personal information and data relevant to the contractual relationship provided by him/her is correct and complete. The customer shall be liable to pay compensation to Hanseatic IT in the event of any resulting damage. All services can be suspended and/or blocked in this case.
2. The customer must store all types of data. No liability is accepted for any loss of data. Backups of the programs necessary for use are permitted. The above shall not apply only if the customer has expressly commissioned Hanseatic IT or a partner with the data backup.
3. Should password data fall into the hands of unauthorised third parties, the customer is obliged to report this to Hanseatic IT immediately. Should third parties cause damage by obtaining passwords, no liability of any kind will be accepted. In such cases Hanseatic IT reserves the right to claim damages.
4. The customer is responsible for backing up data on external storage media independent of Hanseatic IT and its partners.
5. If the business operations of Hanseatic IT are compromised or jeopardised in any way by malicious third-party software, Hanseatic IT reserves the right to block or remove this customer account at the customer's expense. If costs arise for the rectification of the damage incurred, these shall be charged to the customer.

§5 Duties of Hanseatic IT

1. The servers required for use by the customer are accessible at all times. Excepted from this are sudden cases of hardware damage. Hanseatic IT is entitled to carry out maintenance work each month to ensure the smooth availability and use of the service. However, this work must not exceed six hours per month. In the event of general Internet uncertainties, such as major attacks by hackers (in particular worm or botnet attacks), or network disruptions due to force majeure, the contractual warranty may be suspended. Hanseatic IT is obliged to inform the customer immediately about any measures taken.
2. With regard to domain allocation and administration companies such as UnitedDomains and DENIC etc., Hanseatic IT only provides the brokerage of services. Registration is carried out at the request of the customer, but is subject to the contractual relationship between the customer and these companies and their services. Hanseatic IT excludes any liability in this regard.
3. If third-party services are provided, this risk is transferred to the customer and/or the agent.

§6 Retention of title

Hanseatic IT remains the owner of all services provided until the production costs have been paid in full by the customer or persons commissioned by the customer. The basis for this is the remuneration specified in the service contract and/or the specifications.

§7 Licences

The holder of the copyright is and remains, unless otherwise contractually agreed, Hanseatic IT and its vicarious agents. However, Hanseatic IT can provide its customers with temporally and spatially limited usage rights. However, this always requires the contractual form. The product transferred for use is not transferable to third parties.

§8 Termination of the contract

The termination of the use of the products created by Hanseatic IT and its vicarious agents can be effected by the customer terminating the contract or by the expiry of the specified period of use. The customer's agreed contractual obligations shall continue to exist beyond the termination.

§ 9 Payment terms

After invoicing, the customer is obliged to transfer the agreed amount to Hanseatic IT or to pay it in cash immediately. The date of receipt of payment is decisive for successful payment by the customer. In the event of default of payment by the customer, the customer shall pay default interest at the statutory rate. Hanseatic IT and its agents are entitled to suspend services after an unsuccessful reminder. This primarily concerns the blocking of the website and the associated email accounts. However, these steps do not release the customer from his payment obligation. Offsetting is only possible if this has been made possible by a court of law or is legally binding. Should Hanseatic IT not have explicitly agreed in writing, the assignment of claims to third parties is not permitted.

§10 Warranty

Should there be defective performance by Hanseatic IT and/or one of its agents, the customer has the following obligations: a) error messages and any defects that may occur must be recorded and documented. These defects must then be reported to Hanseatic IT in a timely manner. The customer has two weeks to submit the list of defects. If these defects are not attributable to Hanseatic IT, there is no warranty. In particular, this applies to improper handling, manipulation and operating errors.

§11 Third-party rights

If Hanseatic IT or one of its agents violates German industrial standards of copyright and/or industrial property rights, the customer is released from any third-party claims. In this case, Hanseatic IT shall bear the costs incurred. It is crucial in this regard that the customer immediately reports any violations to Hanseatic IT and also allows Hanseatic IT to take all relevant technical and legal steps.

§12 Liability

Hanseatic IT shall only assume liability if it is clearly evident that the damage incurred is the result of a material breach of the negotiated contractual obligations. In the event of gross negligence or intent, liability on the part of Hanseatic IT shall come into force after proof has been provided. The maximum liability is generally limited to the amount of the subject matter of the contract. These limitations of liability also apply to the vicarious agents of Hanseatic IT. In no event shall liability be accepted for the content of external links that the customer additionally activates on his website.

§13 Data protection

For real-technical reasons that are indispensable, Hanseatic IT and its vicarious agents are able to view personal customer data. The customer expressly consents to this, as effective project processing would otherwise not be possible. Should, contrary to expectations, customer data reach third parties due to computer crime, Hanseatic IT does not assume any liability, except in cases of gross negligence or intent.

§14 Termination

1. After the expiry of the agreed term, both parties can terminate the existing contract with a notice period of three weeks to the end of the month (termination within the first week of the month). The extraordinary right of termination remains unaffected. The use of web hosting and space, as well as domain backup and digital certificates, is generally concluded for a period of twelve months. These must also be terminated with a notice period of three weeks before the end of this twelve-month term. Otherwise, the term will be extended again by its minimum period. The customer will be billed monthly or annually depending on the contract design.
2. Hanseatic IT is entitled to terminate the contract for good cause at any time if the customer is in default of payment. This usually occurs in the event of non-payment of two months. If the customer breaches the contractual obligations in the form of the relevant paragraphs mentioned above, extraordinary termination is also possible. This also applies if the customer fails to provide Hanseatic IT with relevant personal and/or company data within a period of three weeks. This applies in particular to changes of company or residential address.
3. A written warning must be issued in advance for termination without notice. However, this is not necessary if a continuation of the contract cannot reasonably be expected due to serious cases.
4. Immediate blocking of the website and associated email accounts is permissible in such a case. The outstanding balances from the contractual debt are to be paid.

§15 Final provisions

1. The place of jurisdiction and performance is the Free and Hanseatic City of Hamburg.
2. Contract amendments or any changes must be made in writing.
3. The customer waives the right to be notified separately about the storage of his data in accordance with the Federal Data Protection Act.
4. Should individual clauses and paragraphs of these General Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected. Both parties to the contract are obliged to work together to find a suitable replacement provision that corresponds to the content of the invalid clause.