anw.net GmbH, with its registered office in 66894 Bechhofen, Germany (hereinafter referred to as ANW), provides the customer with its services and products with all included service components as well as any ordered additional services exclusively under the following conditions. The customer acknowledges the General Terms and Conditions of ANW.
§ 1 Scope of services, Fees
1.1. The use of the services and products of ANW shall be at the respectively valid rates in accordance with the customer information. The customer shall receive an invoice for each payment transaction, which shall become due for payment immediately.
1.2. ANW reserves the right to change the fees at the beginning of a new billing period. The customer shall be notified of changed charges and prices by e-mail, fax or letter at least four weeks before they come into effect. Increases in charges shall result in an extraordinary right of termination on the part of the customer with a period of notice of two weeks from receipt, whereby explicit reference shall be made to the extraordinary right of termination.
1.3 The customer shall also be responsible for fees caused by other persons, authorized or unauthorized, via his access code, unless the customer is not responsible for this. The customer is responsible for proving that he is not responsible for this.
1.4. If the customer comes for two consecutive months with the payment in the amount of 40 percent of the remuneration or in a period longer than two months with an amount corresponding to a monthly fee, ANW may terminate the contractual relationship for good cause without notice.
1.5 Furthermore, ANW reserves the right to prohibit the defaulting customer from further using the contents and programs of ANW as a whole or in parts until the final satisfaction of ANW’s claims.
1.6. Delivered products remain the property of ANW until the purchase price has been paid..
§ 2 Provided contents, programs and data
2.1 The text and image materials and programs made available by ANW are protected by copyright. Copying, making available and making available is only permitted with the written consent of ANW.
2.2 ANW shall only be liable for the correctness, freedom from errors, desired functionality and completeness of the contents and program modules used within the framework of the liability rule in accordance with § 4. ANW shall not be responsible for contents that are not located on ANW’s own servers and - notwithstanding § 4 - shall not be able to assume any guarantee for these contents.
§ 3 Responsibility of the customer
3.1 The customer shall be responsible for ensuring that it does not infringe the rights of third parties by using the content and programs made available by ANW and that it does not violate applicable law, in particular with regard to copyright, competition and criminal law.
3.2 ANW expressly reserves the right to prohibit the user from further use of the contents and programs of ANW in whole or in part in the event of violation of § 3 (1).
3.3 ANW reserves the right to reject orders due to content, origin or technical reasons if the order in question violates the law, official regulations or morality or if its execution is unreasonable for ANW. The rejection of an order shall be notified to the customer immediately after it has become known to ANW. The rejection may also be made without notice for orders already in progress if one of the above-mentioned features arises. However, ANW does not carry out its own legal examination of the contents provided by the customer.
3.4 The customer shall be obliged to provide all necessary cooperation services so that ANW can fulfil the contractual performance, in particular he shall provide all information necessary for the execution of the contract. If the customer fails to comply with his obligations to cooperate, ANW shall be entitled to withdraw from the contract and thus be released from the obligation to perform. The customer shall pay ANW a lump sum amounting to at least 25% of the total costs of the order for services rendered up to this point or, upon proof by ANW, the actual costs incurred up to this point. The customer reserves the right to prove that the damage suffered by ANW is actually less. If defects become apparent in the services of ANW which are attributable to the customer’s failure to cooperate or insufficient cooperation and for which the customer is responsible, ANW shall nevertheless retain the full claim to performance in accordance with the agreed prices.
3.5 The customer will examine all services provided by ANW without delay. The customer shall immediately give notice of defects with an exact description.
3.6 The customer is aware that it is possible for all participants in the transmission path of the internet to gain knowledge of data in transmission without authorization. The customer accepts this risk. ANW shall not be liable for damages unless ANW is guilty of gross negligence or intent.
§ 4 Limitation of Liability, Claims for Damages, Default of Performance
4.1 ANW shall only be liable for damage caused by gross negligence or intent on the part of ANW, its legal representatives or one of its vicarious agents, unless it concerns warranted characteristics. The above limitation of liability applies to contractual as well as non-contractual claims. Liability under the Product Liability Act remains unaffected.
4.2 ANW warrants the delivered products or services by repairing them at its own discretion or making a replacement delivery free of charge. Should two attempts at rectification or subsequent delivery fail, the customer shall be entitled, at his discretion, to demand a price reduction or withdrawal.
4.3 ANW shall not be liable for the correct functioning of services, infrastructures or transmission paths of the Internet which are not within the area of responsibility of ANW or its vicarious agents, unless liability pursuant to § 4 (1) exists as an exception.
4.4 The customer shall indemnify ANW against all claims by third parties arising from the breach of its obligations under §3(1).
§ 5 Data Protection, Confidentiality
ANW points out in accordance with the General Data Protection Regulation (GDPR) that personal data of the customer are stored within the framework of the execution of the contract and, if necessary, are forwarded to the necessary extent to participating cooperation partners, vicarious agents and service providers of ANW. Otherwise, personal data shall only be collected, processed or used if the customer consents or a legal provision permits this.
§ 6 Final provisions
6.1 Amendments, supplements and subsidiary agreements must be made in writing to be effective, unless otherwise stipulated in these General Terms and Conditions. The written form requirement shall also apply to the waiver of this form requirement.
6.2 The customer shall be notified of any changes to the General Terms and Conditions by e-mail, fax or letter at least four weeks before they come into effect. If such changes are not objected to within one month of delivery, whereby the special right of termination is expressly referred to, they shall be deemed accepted. If the changes are made at the customer’s expense, the customer may terminate the contractual relationship without notice within one month of receipt of the notice of change.
6.3 ANW shall be free to use newer or different technologies, systems, procedures or standards than initially offered for the provision of services in the course of technical progress, provided that this does not result in any disadvantages for the customer.
6.4 ANW shall be entitled to commission third service providers and vicarious agents to provide parts or the entire range of services. ANW is entitled to change the Internet infrastructure used and the service providers and vicarious agents commissioned with the performance at any time without separate notification, provided that this does not result in any disadvantages for the customer.
6.5 To the extent permitted by law, the place of jurisdiction shall be 66482 Zweibrücken. The applicable law is that of the Federal Republic of Germany.
6.6 A change of shareholder of ANW shall not constitute a special right of termination.
6.7 Should any provision of these General Terms and Conditions be or become invalid or should these General Terms and Conditions be incomplete, the remaining provisions shall not be affected thereby. The ineffective provision shall be replaced by a provision which comes closest to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to any loopholes.
Date: January 2018