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The terms and conditions were translated by an accredited translator. Due to German jurisprudence this translation shall have informative character only. German law stipulates that only the German original shall be relevant.

1. Area of Application

The general terms and conditions herein govern the contractual relationship between Bitpalast GmbH, located in Berlin-Charlottenburg (subsequently referred to as ), and their customers. They shall form the basis of all deliveries and services from to its customers. Contractual relationships arising in connection with deliveries and services by between customers and third party suppliers shall also be subject to the suppliers' terms and conditions. In case of domain registration contracts, in particular, the terms of the respective Network Information Center (NIC) shall apply. Should the customer have contractual relationships with third party suppliers in foreign countries, the terms and conditions of such suppliers shall apply as well.

Terms and conditions of customers, which deviate from or oppose the terms herein, shall not apply unless explicitly agrees to the application of such terms in writing. In particular, the application of the terms and conditions herein shall not be excluded, if renders deliveries or services without reservation to customers whose terms and conditions deviate from or oppose its own terms and conditions.

2. Contractual Conditions and Formation of Contracts

2.1. The contractual conditions, e.g. scope of services, remuneration, minimum contract period and term of notice as well as all further conditions, result from the information, prices, offers and service descriptions presented on the website at the time of the order.

2.2. Ordering web hosting services or domain names: A contract with is typically constituated by completing a multi-page order process on a website. For this, the customer either clicks on a button "... order now", clicks on a menu item "order" or "start order" or similar indicating the beginning of an order process.

2.2.1. The order process can be completed in German, English and Spanish.

2.2.2. The order process is divided into several steps, which are processed in sequence by the customer. During the ordering process, all entries can be changed by the customer at any time. For this purpose, the customer can flip back to each previous order step, edit the content and resubmit the step. Only the order content is binding, which is transferred to in the last step by clicking on the button "Order now (subject to costs) ".

2.2.2.1. Selection of the desired service or domain name, entry of a coupon code, acceptance of the privacy policy. In this order step, the customer acquires all the individual and total prices, including ancillary costs of his order, assuming that he will select the payment method most frequently chosen by all customers. Since the method of payment influences the total price, individual and total prices may change slightly if the method of payment is changed in a later order step due to the omission or addition of discounts.

2.2.2.2. Master data: Entering the name of the customer, his or her address, e-mail address and VAT ID (optional).

2.2.2.3. Choice of payment method: Typically the customer can choose from: direct debit, credit card (Visa, Mastercard, American Express), Paypal, bank transfer, check and bitcoin transfer. The payment methods offered may vary by country, location and customer. Which payment methods are available can be found on the website describing the ordered product. The website contains a page "Payment types", where the customer can inform himself about all payment methods offered to him before the order process.

2.2.2.4. Acceptance of contract terms, meaning the acceptance of the Terms & Conditions, the Acceptable Use Policy, and - if domains are ordered - the ICANN Registrant Rights and Responsibilities of the registrar; Notice of and consent to the withdrawal policy.

2.2.2.5. Checking the order content, invoice recipient and payment method: In this order step, the customer acquires all the individual and total prices of the order, including all discounts or changes due to the method of payment chosen by him/her. In this step, the customer can submit the order by clicking on the button "Order now (subject to costs)" or similar inscription, which clearly indicates that costs will occur, so that the order can be stored at for further processing. Only then will the previously entered data become a binding order. After completion of this step, the order data can no longer be changed by the customer, but only by a support request to .

2.2.2.6. Order confirmation: The customer is confirmed with the successful completion of the order process on the screen page. In addition, the customer receives an order confirmation via e-mail, which again lists all contract contents. will also receive a copy of it, which will be printed out and archived. The customer may receive copies of this order confirmation for the duration of the contract on request. As a rule, the ordering process is successfully completed by this step so that 's service can be provided. For some customers, sends the order confirmation as an order form that the customer must sign and return to for the order to be processed. As a rule, usually customers in non-EU countries are affected as well as all customers, who choose the payment method "credit card", but also other customers may be affected. In a few individual cases, e.g. when fraud is suspected, verifies the existence of the customer and the accuracy of the order by phone. The customer allows to call him for the purpose of this verification.

2.2.3. Acceptance reservation: An order is considered accepted only when begins to set up the service or domain names for the customer. Which order is accepted or denied is incumbent solely on the decision of . The customer's order does not constitute a legal claim to acceptance.

2.2.4. Registration reservation: A domain name is only registered for the customer for sure, if the domain has been registered with the contracting authority with the name and address of the customer and after that the domain has become accessible on the internet.

2.2.5. If domain names are ordered, the customer will carefully pay attention to the correct spelling. As a rule, starts further processing immediately after reception of the order and registers domain names with the relevant contracting authorities. This results in costs immediately. The customer is liable for these costs even if the domain cannot be usefully used in the misspelling spelled out by himself.

2.3. reserves the right, to deviate from the steps described in 3.2. as an exception and by mutual agreement with the customer, and also if special circumstances make it necessary, e.g. if otherwise an order could not be accepted.

2.4. Ordering other goods or services: A contract with becomes binding by implication if undertakes fulfillment actions in response to an offer made by the customer. Indications of deliveries and services by shall be considered as an offer request and shall be non-binding.

3. Price changes

Prices are subject to change, if factual reasons are present. In particular, a factual reason could be a fee increase made by the NIC and volatile currency exchange rates. If such changes have significant impact upon the customer's calculation, he shall be entitled to withdraw from or terminate the contract. Notice of withdrawal or termination must be given within four weeks after receiving the notification of change, at the latest.

4. Cancellation policy

Right of withdrawal

You have the right to withdraw from the contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the contract. In order to exercise your right of withdrawal, you must inform of your decision to withdraw from the agreement by means of a clear statement (such as a letter sent by post, fax or e-mail). You can use the following sample withdrawal form, which is not mandatory:

Sample withdrawal form 

The withdrawal must be sent to:

Bitpalast GmbH
Sensburger Allee 27
D-14055 Berlin (Germany)
Fax from Tonga +49 30 32 70 18 91

service@bitpalast.net

In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you cancel this agreement, must repay all payments that has received from you, including delivery charges (except for the additional costs that result from your choice of a different type of delivery than that offered to you as the cheapest standard delivery method), immediately and no later than fourteen days from the date on which the notice of cancellation of this contract has been received by . For this repayment, uses the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; In no case will you be charged repayment fees for this. If you have requested that the services or delivery of digital content begin during the withdrawal period, you must pay a reasonable amount equal to the proportion of your interest until the date on which you exercise your right of withdrawal with respect to this agreement for services already provided compared to the total volume of services provided for in the contract.

5. Domain Registration and IP-Addresses

5.1 Registration of a domain name will lead to a direct business relationship between the customer and the respective NIC. The customer shall be the sole contractual partner of the NIC in regard to the registration contract. Upon request by the customer may act as a messenger and submit the registration order. In this case the customer will bear the risk of correct and timely submission of said message.

5.2 The customer shall have no rights to IP-addresses allocated by . Upon notifying the customer in writing, reserves the right to exchange, amend or delete all or individual IP-addresses. shall not be responsible for expenses incurred by the customer as a result of such actions, if these actions are made for important reasons.

6. Password

The customer will receive a user-ID and password to access his data. The customer can receive one user ID and one password for different services, i.e. several user IDs and passwords in total. The customer shall change the original password (the original passwords) immediately to ensure the safety of his data.

7. Main Contractual Duties

7.1 The customer must not publish politically extremist or religiously fanatical content, or content which is not in line with free democratic basic order.

7.2 In particular, the customer shall abide by all laws as well as copyright, labeling and competition regulations and private law.

7.3 The customer must not publish child pornography or other pornographic content.

7.4 For products subject to limits in terms of data transfer or data storage volume, the customer shall pay costs arising from exceeding such limits upon receiving the respective invoice.

7.5 The customer shall keep access data such as his user-ID and password safe and confidential.

7.6 The customer is obliged to keep his website and other files in his web space free of malware and security vulnerabilities.

8. Consequences of Failing to Perform a Main Contractual Duty

If the customer violates one of his duties stipulated in sections 7.1 through 7.6, he shall prevent further violations, compensate for any damages, and he shall also indemnify against damages caused to third parties, including legal expenses. Other rights on the part of , particularly regarding blocking content and extraordinary contract termination, remain unaffected.

9. Contract Execution

9.1 guarantees web server availability of 99% per year, unless and the customer have expressly agreed on a different arrangement in writing. One percent of each month's operating time may be used for maintenance purposes. shall not be responsible for technical and other malfunctions beyond its control, such as malfunctions of the internet infrastructure by national and international network operators, or malfunctions caused by the customer.

9.2. In case of services such as Dedicated Server and Modular Hosting Solutions, will perform initial configuration of hardware and software. will not perform any additional services to the customer, other than the maintenance and support services for hard and software specified in the service order form. Maintenance and support services do not include services for malfunctions caused by (a) tampering, modifications of or additions to hardware and software performed by persons other than personnel or persons authorized by or (b) the customer's hard or software.

9.3 The customer shall make backup copies of data material submitted to and data material provided by on behalf of the customer and transferred to servers.

10. Protection of Intangible Goods

10.1 Each party shall observe the other party's rights to intangible goods and commits to not violating such rights. Unless otherwise agreed to in writing, none of the parties shall have a right to claiming rights to intangible goods rights of the other party. Except to the degree necessary to fulfill this contract, none of the parties shall copy, amend, translate, decompile, disassemble or reverse-engineer matters of intangible goods rights of the other party or use intangible goods rights of the other party, other than in connection with the services agreed upon in the respective contracts, or give such rights to third parties.

10.2 The customer acknowledges that all rights to technology, including services and software which are part of such services or supplied along with them, and all trademarks belong to and/or licensors. Unless otherwise expressly agreed by both parties in writing and unless authorized by in writing, the customer does not have authority to use intangible goods of or authorize third parties to such usage, unless the customer is excluded from using intangible goods rights within the limits (i) integrated in the services and (ii) necessary for the customer in order to use the complete functionality of the agreed services.

11. Confidential Information

11.1 Both parties commit to absolute confidentiality, including all employees and other parties included in this contract who have access to information of the other contract party and/or contractual matters, regarding such information toward non-connected third parties, and implicit protection of said confidentiality.

11.2 Not prohibited or limited by these terms is the use of information by either party, which (a) is or will be publicly known or available through legal means; (b) will be disclosed to the receiving party without confidentiality or protection limitation by a third party which legally owns and discloses the information; (c) was independently developed by the receiving party without violating this contract; (d) forms the subject of a written authorization for disclosure by the disclosing party; or (e) must be disclosed due to legal reasons, a court order or an order by any state or supervisory authority. The burden of proof for such an exception rests with the party invoking the exception.

12. Customer Content and Data Transfer

12.1 The customer is solely responsible for the content within the data storage space used by him ("customer content"). He shall take care of backing up and restoring such content, unless otherwise agreed in writing with .

12.2 The contents made available by the customer shall not violate any third-party patent, copyright or property rights.

12.3 The customer is aware that unencrypted, electronic communication is generally not confidential. Hence, by using this type of communication he bears the risk of unauthorized entities spying on such data.

12.4 Personal data and customer-related content are stored only on servers inside the European Union, the United States or Canada, unless otherwise agreed in writing by the customer and .

12.5 The customer is solely responsible for the development, operation and maintenance of the website as well as the customer's content, including online and offline sales of his products and services.

12.6 The customer is obliged to immediately close security gaps in the software located in his web space or to immediately remove software with security gaps. It is irrelevant whether security gaps were actually exploited by the customer or third parties. The customer is expressly advised of the risk that criminal liability pursuant to Section 202c of the German Criminal Code of software with security vulnerabilities or malware in his web space could mean for him.

13. Intermediate Storage

The customer expressly authorizes to store the entire website of the customer, including all of the customer's content, databases and emails to enable to fulfill this contract.

14. Duty of Payment, Method of Payment, Reminder Fee, Consequences of Late Payment

14.1 All deliveries and services for customers in the European Union are billed in Euros according to currently valid price lists. Customers outside the European Union will be billed in US dollars, unless and the customer have expressly agreed to use service fees, other fees or different currencies in the service order form. In case of doubt, all prices or fees are net amounts without the respective value added tax. Customers whose monthly net bill is below €100.00 will be billed for 3 months in advance, unless otherwise expressly agreed by and the customer, or unless has offered a different arrangement.

14.2 If, upon the customer's request and on his behalf, has submitted a registration order for a domain name under the ".de" top level domain, the customer's duty of payment rests with DeNIC eG in Frankfurt am Main, as long as properly pays DeNIC eG fees. This proper payment is dependent upon the respective payment by the customer to . In case of irregularities with the payment of DeNIC eG fees by the customer to
, shall have the right to terminate the payment for a domain, giving seven days advance notice if such an intention is present. In this case the customer's payment duty toward DeNIC eG will come into force. Payment will be made by direct debiting or credit card, bank transfer or Paypal. The customer shall also pay the bank's fees for return debit notes, which such banks will charge for non-redeemed debits. The customer is obliged to pay a reasonable price to for the processing costs for such unpaid direct debits (e.g. for changing the payment method of the customer account, the additional booking costs, the cancellation and recalculation costs as well as information costs to the customer). The customer shall also pay the credit card bank's chargeback fees, which such credit banks will charge to . Checks will be accepted on account of performance.

14.3 Invoices made out by are due for payment 8 days after the invoice date. The customer shall reimburse any costs in connection with a non-redeemed or rejected debit note or a rejected credit card payment, unless it is evident that the customer has taken due care and the damage would have been created even so. The customer shall verify the correctness of his received invoices on a regular basis. Objections to invoiced, usage-dependent fees should be made in writing to within four weeks after receiving the respective invoice.

14.4. The fees stipulated in the service order form are guaranteed throughout the minimum contract period. If the customer continues to receive services after the minimum contract period has elapsed, without entering into a new contract or extending the original contract, the fees invoiced after the minimum contract period shall be those applicable and specified in the pricelist for services without discount.

14.5. In the event of late payment, the customer is obliged to pay default interest in the amount of 4% p.a. In addition, the customer is obliged to pay 9.16 US$ reminder price for every reminder that is required due to late payment.

14.6. In the event of late payment is entitled to suspend all or part of 's performance - including services provided under other contracts than the affected parties - to the customer in its sole discretion.

15. Suspension

15.1 After giving prior notice stipulating a deadline, shall be entitled to suspend the customer's access to his data (suspension), if the stipulated deadline elapses without effect. In the event of suspension and depending on the subject matter of the contract, the customer will have no access to internet services through his account. If dedicated servers or modular hosting solutions are the subject matter of the contract, they will be shut down. During a suspension users will not be able to access the information offered by the customer. A payment reminder may include a threat of suspension. During the suspension period the customer's obligation to pay fees remains intact, since the customer's data continue to be stored by . In case of imminent danger is not required to give notice of imminent suspension.

15.2 The following circumstances, in particular, are subject to suspension:

15.2.1 a violation of the obligation stipulated in sections 7.1 to 7.3, or
15.2.2 late payment of an invoice, or
15.2.3 a suspicion of illegal content in the customer's material or a claimed violation of third-party rights, after the customer had been duly informed, or
15.2.4 improper use of infrastructure. Improper use shall be present, in particular, if the customer
15.2.4.1 sends unsolicited electronic commercial communication (spam mail), or
15.2.4.2 sends unsolicited electronic communication in form of mass mailings with or without commercial purpose (junk mail), or
15.2.4.3 uses software such as scripts, which affect or are capable of affecting the operation behavior of the infrastructure, as part of the respective contract (e.g. software with security issues or malicious software).

15.3 The suspension is maintained to prevent liability on the part of until the customer presents or verifies the legality of his content. The same shall be true in case of an investigation by the prosecutor's office. Suspension shall be excluded only in cases of obviously unfounded warning letters by third parties.

15.4. Deletion of Customer Data

If the customer continues to fall behind on his payments during a suspension period, shall be entitled to delete the customer's material without prior notice and to use the available contract matter for different purposes.

16. Termination of Contract

Notice of termination must be given in writing, unless the contract was not concluded in writing. Contracts not concluded in writing can be terminated in the same way as they were concluded, e.g. via an online form that Bitpalast on its website. Proper or extraordinary notices of termination do not affect the domain registration contract.

16.1 Proper Notice of Termination
The contract may be terminated by either partner at the end of the minimum contract period. The notice of termination must be received by the other party 28 days before the minimum contract period elapses. If none of the partners terminate the contract, it will extend automatically by another minimum contract period. Termination of the extended contract is governed by the same rules as stated above.

An unlimited contract may be terminated by either party upon 28 days of notice before the end of the current month (date of receipt of notice), taking effect at the end of the following month.

16.2 Extraordinary Termination
Either party is entitled to terminate the contract without notice, if an important reason is present. A circumstance will be considered an important reason, particularly if

16.2.1 the other party (a) is insolvent or (b) assigns a debt violating section 20.
16.2.2 the customer culpably violates his duties according to sections 7.1, 7.2, 7.3 or 7.6, or
16.2.3 the customer has fallen behind on two consecutive fee payments or a significant part thereof, or in a period of more than two due dates has fallen behind on a payment in an amount corresponding to two months, and if the customer has caused this delay in payment.

17. Liability

is liable to the customer, for whatever legal reason, only in cases of intent and gross negligence. For slight negligence is liable only for damages resulting from injury to life, limb or health as well as in case of breach of contractual obligations (cardinal obligations). These are such obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner regularly trusts and can also rely. In case of breach of essential contractual obligations, is liable only for the contract typical foreseeable damage. These are damages that fall under the protective purpose of the respective infringing contractual standard. The aforementioned limitations of liability also apply to the legal representatives, employees and vicarious agents of .

The customer agrees to exempt from any and all third party claims arising out of customer's use of 's offer in violation of applicable laws or terms.

The customer undertakes to ensure compliance with legal regulations. This also applies to the law at the customer's place residence, unless this is in Germany.

18. State of the Art

renders its services according to the current state of science and technology, taking into account any current industry standards, unless otherwise agreed by both parties in writing.

19. Force Majeur

is not liable for delinquency or delay in fulfilling its duties, if such delinquency or delay is due to circumstances outside of their control, including and not limited to actions undertaken by any governmental body, or due to war, riots, sabotage, embargo, fire, flooding, strike or interruption of work.

20. Amendment or Waiver

Amendments of or additions to the agreement between and the customer must be done in writing.

21. Assignment

The customer may assign rights and duties from this contract to a third party only upon prior written consent by .

22. Notifications

In case of doubt, all notifications to the customer will be sent to the billing address indicated on the signature page.

23. Amendment of Terms and Conditions

shall be entitled to amend or complement these terms at any time. If the customer does not object to the amended terms within four weeks after receipt of the notification of amendment, the new terms shall take effect for existing contracts as well, as laid out in the notification. If the customer objects before the deadline elapses, shall be entitled to terminate the contract at the time the amended terms are taking effect.

24. Place of Performance

Place of performance for all deliveries and services provided by is D-14055 Berlin, Germany.

25. Exclusive Jurisdiction and Applicable Law

The jurisdiction for all claims due to the contract between and the customer, including actions on checks and bills as well as any disputes between the parties regarding the execution or termination of the contract shall be Berlin, unless the customer is a registered trader, a corporate body under public law or special property subject to public law.

German law applies. UN purchase law is excluded. Consumers who are habitually resident abroad may always rely on mandatory provisions of the law of the country in which they reside regardless of the specific choice of law.

26. Replacement of Invalid Clauses

If individual provisions of these terms and conditions are invalid or become invalid, it shall be agreed at this time that invalid or prospectively invalid portions will be immediately replaced by provisions, which come closest to the intended commercial purpose. All other parts of the terms and conditions shall remain in effect.

Last updated: 7/2024 revision a

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