General Terms and Conditions of Business of Websitebutler GmbH

Status: February 2017

1. Scope
1.1 The following general terms and conditions apply to all legal transactions of Websitebutler GmbH, hereinafter referred to as "Websitebutler," under this contract with its contractual partner, hereinafter referred to as "customer." Terms and conditions of the customer explicitly do not apply. This also applies if Websitebutler does not expressly object to the inclusion of the customer’s terms and conditions.
1.2 The customer assures that he will only commission Websitebutler as an entrepreneur within the meaning of § 14 BGB, i.e., within the scope of his commercial or self-employed professional activity.
1.3 The customer will be notified in writing of any changes to these terms and conditions. They are deemed approved if the customer does not object in writing. The customer must send the objection to Websitebutler within four weeks after notification of the changes. If the customer objects in due time, the contract shall be continued on the terms applicable to date.

2. Conclusion of the contract
A contract with Websitebutler is concluded by the signature on-site (digital on tablet, or on paper contract) or by the transmission of the signed contract by fax/e-mail/post, or by online order and the subsequent order confirmation by Websitebutler.

3. Storage of the contract text
In the case of an online contract, the contract text of the order is not stored by Websitebutler. However, the customer can usually save this before sending the order by printing each step of the order via the screen, the browser or as a screenshot.

4. Data
The customer exempts Websitebutler from all claims of third parties regarding the data provided. In the event of data loss, Websitebutler cannot be held liable, unless the latter acts with intent or gross negligence. The customer undertakes, in the event of no fault on the part of Websitebutler, to transmit all necessary data to the latter again free of charge.

5. Scope of services
5.1 The services to be provided by Websitebutler result from this contract and the tariff overview attached to the order confirmation. Based on the wishes and information of the customer, the website created by Websitebutler will be updated and maintained by Websitebutler according to the chosen tariff package. Changes are made as quickly as possible, but the processing time depends on the effort and the number of requested changes. Even if Websitebutler has the claim to be able to map all change requests within the framework of the tariff packages, this claim does not exist on the part of the customer. In case of doubt, the decision whether a change within the scope of the tariff can be made lies with Websitebutler. A complete redesign or redesign of the website is not part of the services and can be ordered separately.
5.3 Feedback and requests for changes must be submitted via the "MyWebsitebutler" portal provided by Websitebutler or by e-mail to service@websitebutler.de A claim to the perception of on-site appointments does not exist in principle. In no case the business premises of Websitebutler can be visited without prior appointment.
5.4 The subject of Websitebutler’s performance obligations are exclusively the agreed services. An economic success is aimed for but is expressly not owed. Websitebutler websites are optimized for search engines in accordance with the technical and content options available within the framework of the tariff packages offered. A special findability on the Internet or in search engines cannot be guaranteed and is not part of the scope of services. Websitebutler will provide the contractually owed services at least with the care customary in traffic. The availability of the services offered is only guaranteed up to the interface to the Internet. However, there may be restrictions in availability that are beyond the control of Websitebutler.

6. Cooperation of the customer
Success and quality, as well as the speedy completion of the website, and any additional services depend heavily on the quality and punctuality of the customers’ involvement. In order to ensure a speedy process for both sides, the customer will transmit the required data and information immediately after receipt of the corresponding notifications via the portal MyWebsitebutler provided by Websitebutler or by email to service@websitebutler.de If the website or an additional service cannot be completed, or cannot be completed on time due to circumstances for which the customer is responsible, this shall have no influence whatsoever on the customer's obligation to pay, in particular not on its commencement.

7th domain and email
7.1 The following conditions apply additionally, if domains are subject of the contract. The different top-level domains ("end abbreviations") are administered by a large number of different, mostly national organizations. Each of these organizations for the allocation of domains has established different conditions for the registration and administration of top-level domains, the associated sub-level domains and the procedure in domain disputes. As far as top-level domains are the subject matter of the contract, the respective terms and conditions of allocation of the respective organisation apply in addition, and the respective current guidelines and conditions are to be obtained. If.de domains are subject of the contract, DENICs Domain Guidelines shall also apply, in addition to the DENIC Domain Terms and Conditions.
7.2 When procuring and/or maintaining domains, Websitebutler only acts as an intermediary in the name of the customer, not in its own name, in the relationship between the user and the respective organization for domain allocation. Websitebutler has no influence on the domain allocation and does not guarantee that the domains applied for by the user will be allocated at all and/or that the allocated domains are free of third-party rights or will continue to exist in the long term. Subject of this contract are all domains requested by the user, as far as they were assigned to the user. If individual domains are terminated by the user or due to binding decisions in domain disputes, the user is not entitled to apply for a free replacement domain. Websitebutler is entitled to activate a domain only after payment of the fees agreed for registration. The user is obliged to notify Websitebutler immediately of any loss of his domain. If the user intends to reacquire his domain from a third party, he is obliged to inform Websitebutler immediately about the start of negotiations with the third party, to answer requests from Websitebutler about the status of negotiations with the third party and to grant Websitebutler the primary right of reacquisition for the user, if and insofar as this does not unreasonably affect the interests of the user. Websitebutler is entitled to release the domain of the user after termination of the contract. With this release at the latest, all rights of the user from the registration expire. If third parties assert claims against Websitebutler for actual or alleged infringement of rights, Websitebutler is entitled to immediately place the user’s domain in the registrars care and to block the user’s corresponding presence. Before applying for a domain, the user must check whether there is an infringement. With the order of the domain, the check for the rights of third parties is deemed to have been carried out. The user is obliged to point out an infringement immediately as soon as the user loses the rights. A change of the requested domain after registration with the respective registrar is excluded. If you wish to change the domain, another processing fee will be charged after consultation & confirmation. 7.3 If a booked Websitebutler rate includes email functionality, the number of email addresses, memory size, maximum reception size and type of access to the email inbox will depend on the product variant booked. The customer is responsible for all content (e-mails, forum posts, mailing list posts, etc.) produced by him or via his access code.

8th Liability
8.1 Websitebutler reserves the right to extend, modify, delete and make improvements to the services, especially if they serve technical progress, appear necessary and to prevent misuse. If the technical, legal or commercial conditions change and if Websitebutler;s contractual performance, with regard to the offer or a part of the offer, is made considerably more difficult, Websitebutler may change or discontinue the offered services or only continue to offer them against increased remuneration.
8.2 Websitebutler will inform the customer in due time about a significant aggravation in the aforementioned sense and either demand an appropriate increase in the remuneration or make the change or discontinue the service after expiry of an appropriate period of notice.
8.3 The changes are deemed approved unless the customer objects to them in writing within one month after the announcement of the change or terminates the contract. Websitebutler will specifically point out this period and its consequences in the notification.

9th Privacy
The contracting party agrees that within the scope of the contract concluded with him, data about his person may be stored, changed and or deleted and transmitted to third parties within the scope of necessity. This applies in particular to the transmission of data necessary for the registration and/or modification of a domain (Internet address).

10. Terms of payment
The billing of the fees begins when the website goes online, but no later than 2 months after signing the contract in advance after the price, payment and term option agreed with the customer. The one-time setup fee is due upon conclusion of the contract. The customer grants Websitebutler a SEPA basic mandate for the collection of all claims by direct debit. The period for pre-notification is reduced to 1 day. The advance notice is sent by e-mail with the respective online invoice. If the customer is in arrears with overdue payments, Websitebutler reserves the right not to perform further services until the outstanding amount has been settled and to pass on the resulting costs to the customer. If the direct debit is not honored, Websitebutler can claim a lump sum of 11,99 EUR plus the legal VAT, as far as the customer is responsible for this. The customer is free to prove that no damage has occurred or that the damage is significantly lower than the lump sum for costs. Objections due to incorrectness, or incompleteness of a statement of account, must be raised by the customer within one week after receipt at the latest; if he asserts his objections in writing, it is sufficient to send them within the one-week period. Failure to raise objections in due time shall be deemed approval.

11. Trademarks / Copyrights
11.1 The customer is obliged to assume all legal responsibilities with regard to copyright protection, protection of minors, press law and the "right to one’s own image." For publications commissioned by the customer, only texts and images are to be published or made available for publication to which a corresponding right of use exists and for which the consent of any persons depicted has been obtained. The copyright, trademark, and copyright on all work created by Websitebutler remain with Websitebutler. The drafts, final artwork, and digital data may not be modified in the original or during reproduction without the express consent of Websitebutler. Any imitation - even of parts - is not permitted.
11.3 Websitebutler transfers to the customer the rights of use required for the respective purpose. Unless otherwise agreed, only a simple right of use is transferred in each case. A transfer of the rights of use by the customer to third parties requires the prior written agreement between the customer and Websitebutler. The rights of use are only transferred to the customer after full payment of the outstanding claims and are limited to the duration of the contract period.
11.4 Websitebutler has the right to be named as an author on the copies and in publications about the product. Any violation of the right to be named shall entitle Websitebutler to damages.
11.5 The customer transfers to Websitebutler the non-exclusive, territorially and temporally unlimited right to use the customer’s company with website and logo and corresponding links as a reference for sales and marketing purposes (e.g., online, in brochures, publications).

12th Transfer of Rights
12.1 Websitebutler may transfer its rights and obligations under this Agreement to one or more third parties (contract transfer). The customer has the right to terminate the contract without notice in the event of acceptance of the contract. The customer is only entitled to transfer his rights and obligations under this contract to third parties with the prior consent of Websitebutler.

13. liability
13.1 The customer assures to be authorized to use and pass on the data provided by him (e.g., texts, photos, logos, and graphics, etc.) and to observe the applicable legal provisions. The customer also assures that the data provided by him are free of third party rights and are compatible with applicable law. The customer bears full responsibility and liability for the contents of his website and indemnifies Websitebutler completely and without limitation in terms of amount from any claims of third parties under competition, copyright, name and trademark law and other claims. The customer is responsible for any changes made to his website at his request. Websitebutler is not obliged to check the content of the data provided by the customer.
13.2 The imprint obligation lies with the customer. The customer must ensure that all imprint details required by the business form, activity or other regulations, including any changes, are communicated to website builders in written form and he must always check the correct implementation. Possibly in the context of the representation or use of the Website of the customer necessary use or other trading conditions, extended data security or other explanations are to be provided by the customer independently and not contents of the services offered by Websitebutler.
13.3 Claims for damages against Websitebutler are excluded, unless they are based on intentional or grossly negligent behavior of Websitebutler itself or its agents. The period of limitation for the assertion of damages amounts to three years and begins with the time at which the action triggering the obligation to pay damages has been committed. Should the legal deadlines for Websitebutler’s lead to a shorter limitation period, these shall apply.
13.4 The liability of Websitebutler is limited to the damages typical of comparable transactions of this type, which were foreseeable at the conclusion of the contract, or at the latest when the breach of duty was committed. The liability of Websitebutler for consequential damages from the legal basis of the positive breach of contract is excluded, if and as far as the liability of the same does not result from a breach of the obligations essential for the fulfillment of the purpose of the contract.

14. Term and termination
14.1 The contract has an optional term of 12 or 24 months, hereinafter referred to as the "basic term," which begins with the online publication of the website, but no later than 2 months after the signing of the contract. Any free months granted at the beginning postpone the start of the basic term accordingly. The contract is automatically extended by the selected basic term if it is not terminated in advance by one of the parties with a notice period of one week to the end of the respective term.
14.2 Websitebutler is entitled to close the customer account with the associated website if the fees are not paid within the period despite the due date or if there is a violation according to § 8. Furthermore, Websitebutler is entitled to have the corresponding domain(s) deleted at the registry. If Websitebutler meets a customer’s request to terminate a contract prematurely, Websitebutler is entitled to claim the expenses incurred up to this point in time (at least to the amount of the standard setup fee).

15. Applicable law and place of jurisdiction
15.1 The contractual relationship between Websitebutler and the customer as well as the terms and conditions shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
15.2 The jurisdiction agreement applies equally to domestic and foreign customers. The exclusive place of jurisdiction is Berlin.

16. Other provisions
16.1 There are no verbal ancillary agreements to this contract.
16.2 Should any provision of this contract be or become invalid, the validity of the rest of the contract shall not be affected. In this case, the parties undertake to replace the invalid provision with a provision that comes as close as possible to the economic intention.