Terms of Service
BLUETRONIX LIMITED - Waschleither Strasse 64 - 08344 Grünhain-Beierfeld,
- hereinafter referred to as provider
§ Formation of the contract and revocation
a) The contract is concluded with the provider's declaration of acceptance or the customer's use of the service. The contract is concluded for an indefinite period.
b) End users can revoke the contract by written notification to the provider with a notice period of 14 days to the end of the month. A refund of collected or transferred amounts is not possible. The provider can terminate the contractual relationship at any time without giving reasons with a notice period of 30 days to the end of the month.
§1 Validity, change of conditions
(1) The provider provides its services exclusively on the basis of these terms and conditions.
(2) Deviations from these terms and conditions are only effective if the provider confirms them in writing.
(3) The provider is entitled to change or supplement these general terms and conditions at any time. The customer has the right to object to such a change. If the customer does not object to the changed conditions within 4 weeks after receipt of the change notification, they will take effect according to the announcement
§2 Scope of Services
(1) The provider guarantees the availability of the server of 99% on an annual average. Excluded are times when accessibility is due to technical or other problems that are beyond the provider's control, force majeure or the fault of third parties.
(2) Unless expressly agreed otherwise, the provider may also have the services incumbent on him provided by competent employees or third parties.
§3 Domain Names
(1) If the customer registers a domain via the provider, the contract is concluded exclusively between the customer and the respective registry; the provider only acts as a representative of the customer. The conditions of the respective registration office apply.
(2) The provider has no influence on the domain allocation. He therefore does not guarantee that the domains requested for the customer can be assigned (delegated) at all and are free of third-party rights or permanent. This also applies to the subdomains assigned below the domain of the provider.
(3) If the customer is asked by a third party to give up a domain because it allegedly violates third-party rights, he will inform the provider of this immediately. In such a case, the provider is entitled to relinquish the Internet domain on behalf of the customer.
(4) The customer hereby exempts the provider from third-party claims for compensation based on the inadmissible use of an Internet domain.
§4 Obligations of the customer
(1) The customer may not violate legal prohibitions, morality and the rights of third parties (brands, name, copyright, data protection rights, etc.) through the Internet presence. The customer may NOT deposit any erotic, radical or criminal content on the servers. In the event of a breach of one of the aforementioned obligations, the provider is entitled to discontinue its services with immediate effect.
(2) The customer undertakes to regularly create backup copies of his homepage.
(3) The customer undertakes to keep passwords received from the provider strictly confidential.
(4) The customer undertakes not to misuse access to the provider services and to refrain from illegal activities (hacking, spam/mail bombing, port scanning). If the customer violates one or more of the obligations mentioned, the provider is entitled to block the website/delete the website. Claims for damages are expressly reserved.
(5) The customer assures that the data provided is correct and complete. He undertakes to inform the provider immediately of any changes to the data and, if requested by the provider, to confirm the current accuracy again within 15 days of receipt. This concerns in particular the name and postal address of the customer as well as his e-mail address.
(6) The customer undertakes to check the email address provided to the provider at regular intervals of no more than four weeks for messages from the provider.
(7) The customer undertakes to take note of his monthly invoice in the bluetronix software. The customer must apply in writing for the invoice to be sent by post. A fee of EUR 2.50 per letter is charged for delivery.
§5 Exceeding the data transfer volume
(1) If the maximum amount of data transfer volume (traffic) for the respective month is reached, the website will not be accessible until the end of the month. With the consent of the customer, the website can still be accessible, the amount due for the excess volume will be charged according to the current price list.
(1) The customer can terminate the contract by written notification to the provider with a notice period of 30 days to the end of the month. A refund of collected or transferred amounts is not possible. If you cancel within the first three months, we charge a processing fee of EUR 19.95.
§7 Prices and payment
(1) The provider invoices its services monthly. Amounts below EUR 50.00 per month can be calculated semi-annually in advance. Invoices are due for payment within 14 days of invoicing. The customer authorizes the provider to collect the payments to be made by him from an account to be named by the customer. In the case of returned direct debits for which the customer is responsible, the provider charges EUR 5.00 per direct debit.
(2) If the customer is more than 30 days in arrears with his due payments, the provider is entitled to terminate the contract without notice.
(3) The provider is entitled to increase prices at any time. The customer has an extraordinary right of termination at the time the new prices come into effect. If the customer does not exercise the right of termination, the contract will be continued with the new conditions.
(4) The provider is entitled to register a domain only after payment of the fees agreed for the registration.
§8 Acceptance, retention of title
(1) If none of the contracting parties requests formal acceptance or if the acceptance date requested by one party does not come about due to circumstances for which the customer is not responsible, the contractual service provided by the provider is deemed to have been accepted when used by the customer.
(2) Until the purchase price has been paid in full, the entire delivered goods and the service rendered remain the property of the provider. If the customer defaults on payment, the provider can, without prejudice to other rights, take back the delivered goods to secure their rights if they have announced this to the customer and given them a reasonable grace period.
§9 License agreements, copyright
(1) The customer receives a non-exclusive right to use the software (license) from the provider for the duration of the contract.
§10 Third Party Rights
(1) The customer assures that the content of his website does not violate German law, in particular copyright, data protection and competition law.
(2) The customer hereby exempts the provider from third-party claims for compensation based on inadmissible content on the customer's website.
(1) The provider points out that, given the current state of the art, it is not possible to create hardware and software in this way or to protect it against manipulation by third parties. The provider does not guarantee that the hardware and software used by the provider is free of crashes, errors and viruses.
(2) The software, in particular the CMS and additionally developed extensions, are developed with the utmost care, but it is still not possible with the current state of the art to produce software that is absolutely error-free. Also, no warranty or guarantee can be given that this software works on every computer system, in every environment and with every other program.
§12 Limitation of Liability
(1) The provider is liable for whatever legal reason only in accordance with the following regulations.
(2) Claims for damages due to the operational failure of an Internet server can be asserted up to the amount of one month's fee, provided this was caused by the provider.
(3) The customer also releases the provider from any claims by third parties based on defects in the website.
(4) Liability for all other damages, in particular consequential damages, indirect damages, lost profits or financial losses is excluded.
§13 data protection
(1) The provider points out that personal data is stored by the provider for the duration of the contractual relationship. The customer agrees to the storage. The provider will neither pass on this data nor the content of the customer's private messages to third parties without the customer's consent. Excluded are government agencies and the registration office of the domain name
(2) The provider expressly points out to the customer that data protection for data transmissions in open networks such as the Internet cannot be fully guaranteed given the current state of the art. The customer is therefore responsible for the security of the data he transmits on the Internet.
(3) The data transmission of bank data and credit card data is SSL (Secure Socket Layer) encrypted.
With SSL encryption, the provider protects your personal data from unauthorized access. SSL is a protocol for encrypting messages on the Internet, which offers a particularly high level of security for data transmission.
§14 Credit cards and direct debits
(1) Booking text for cardholders, On your credit card statement, a purchase made via our website will be shown as a www.bluetronix.de , +49-3774-869596.
(2) Note regarding a copy of the transaction data, a copy of the transactions can be called up at any time via the link in the confirmation email.
(3) Booking period, we do not charge the customer for payment by credit card. Your card will be charged immediately after purchase. The products are delivered within 14 days.
§15 online cancellation policy
(1) If the customer is a consumer and the contract was concluded using only means of distance communication, the customer is entitled to the right of withdrawal described in this section.
(2) Your right of revocation: You can revoke your contract declaration within two weeks in text form by letter, fax and e-mail without giving reasons. The period begins when you receive the access data for the web package. To meet the cancellation deadline, it is sufficient to send the declaration of cancellation within the aforementioned period. The revocation must be sent to BLUETRONIX LIMITED, Waschleither Straße 64, 08344 Grünhain-Beierfeld.
(3) Please note the following: Your right of revocation expires prematurely if the BLUETRONIX LIMITED. started to perform the service before the end of the cancellation period. There is no right of withdrawal for the immediate registration of a domain according to the customer's wishes.
Furthermore, there is no right of withdrawal for customer-specific productions, in particular for the integration of a template and for the execution of programming and web design services.
(1) The customer undertakes to indemnify the provider internally against any claims by third parties that are based on illegal actions by the customer or errors in the content of the information provided by the customer. This applies in particular to copyright, data protection and competition law violations.
§17 Applicable Law, Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies.
(2) Place of jurisdiction is Chemnitz.
(3) The provider can file suit against the customer or place of business.
§18 Final Provisions
(1) All declarations by the provider can be sent electronically to the customer. This also applies to billing within the framework of the contractual relationship.
(2) With the first access to a server of the provider by the customer or with the corresponding contract signing, these conditions are considered accepted.
(3) Should a provision of this contract be or become invalid or should the contract contain a gap that needs to be filled, this shall not affect the validity of the remaining provisions. The ineffective provision or the gap is replaced by a provision that comes close to the economic purpose of the agreement, which would have been agreed by the parties if they had known of the ineffectiveness of the provision.
Bernsbach August 01, 2022
BLUETRONIX LIMITED, Waschleither Straße 64, 08344 Grünhain-Beierfeld - District Court of Chemnitz - HRB 34231 - Director Dipl.-Inf. (FH) Andre Oelschlägel