Terms and conditions
World4You Internet Services GmbH
1. Scope of services
1.1. The ISP – World4You Internet Services GmbH, Hafenstrasse 35, 4020 Linz, Austria – provides the customer with an operational, dedicated computer system (server hardware and operating system software) or storage space on a virtual server in accordance with the specifications of this agreement and as detailed in the order or the corresponding service description. The dedicated or virtual server is available to the customer for use in the intended scope. The ISP reserves the right to provide the customer with a computer system equivalent to the reference model specified in the order form. In doing so, the customer's wishes will be taken into account in as far as these are practicable and do not result in additional effort or costs on the part of the ISP. However, no legal obligation exists with regard to the provision of specific server hardware. The contract is established on the basis of the offer from the ISP and the payment on the part of the customer.
1.2. Any capacity specified in the order form, price list or service description applies to the entire storage space of the dedicated or virtual server provided in accordance with the agreement and is also used, among other things, to store log files of the internet server. The customer can only make use of the agreed storage capacity. However, the ISP accepts no liability for reduced performance, data loss, delays or similar resulting from the customer exceeding this storage capacity.
1.3. In the case of a hardware failure, the ISP will replace the defective components free of charge. This includes installation of these components as well as restoration of the system with complete configuration of the operating system as for the initial setup/configuration and – if contractually agreed – recovery of the customer's data from the last backup (if backups were agreed, these are performed once per week by the ISP, unless different intervals were expressly agreed). Unless expressly agreed otherwise, the customer bears sole responsibility for his/her data backups. The ISP will ensure that backups are processed promptly. However, the ISP is entitled to bill the customer for recovery services based on the agreed hourly rate for miscellaneous services, provided that the failure or fault lies within the customer's domain or if the issue is not covered by warranty.
1.4. The customer must regularly save all files and software settings to which he/she has access, though at least once per day, and must keep these backups up-to-date at all times; backup copies must be created prior to any changes on the part of the customer and in advance of any maintenance work announced by the ISP. This also applies if the ISP has undertaken to create these backups. The backup copies of the customer must not be stored on the server.
1.5. The customer has no property rights over the server and no right of access to the rooms in which the servers are housed.
1.6. If the customer is provided with static IP addresses, the ISP reserves the right to change these at any time, when deemed necessary or expedient from a legal or technical perspective, and to provide the customer with a new IP address; any claims on the part of the customer resulting from this change, particularly for reimbursement of expenditure, are excluded.
1.7. The ISP operates and maintains the server and is responsible for its connection to the internet. For technical reasons, continuous availability and faultless function cannot be assured. The ISP monitors the functionality of the server and its connection to the internet and makes every effort to ensure that any errors, interruptions or faults are rectified without delay. As a precautionary measure against interruptions, faults, hardware malfunctions etc, the ISP will perform a weekly backup of the server system data.
1.8. The servers (used for hosting, housing and other products) are connected to the internet via a complex infrastructure. Data traffic is transferred via various active and passive network components (e.g. routers, switches), each of which permits a specific maximum data throughput. As a result, data traffic capacities for individual servers may be limited at specific points and thus not reflect the theoretical maximum bandwidth available at the switch port. The ISP in no way guarantees the actual bandwidth available for individual servers.
1.9. The customer acknowledges that the transmission of data traffic originating from customer software via the web server is not permitted. E-mail dispatch in the case of hosting products is processed via the ISP server.
1.10. The transfer and, in particular, resale of contractual services on the part of the customer is prohibited (except in the case of root servers) and requires the explicit and – except in the case of consumers – written permission of the ISP.
2. Charges, price changes and payment conditions; objections against invoices
2.1. The ISP charges one-off or ongoing fees in accordance with the service description, tariff provisions or order form. Except where otherwise indicated, all prices are exclusive of statutory value-added tax; consumers are provided with gross prices. Prices do not include costs for internet access.
2.2. The ISP reserves the right to change prices in response to any change to the costs relevant for the calculation. If discounts on the standard price list were agreed with the customer, the customer will not benefit from any price reductions, unless expressly agreed otherwise. In the case of consumers, the following applies: Depending on the product, the charges comprise, in particular, the server costs, costs for the server housing and associated services, energy costs, personnel costs, occupancy costs, fees and taxes as well as domain costs charged by the relevant registry; if the underlying costs should change, the charges will increase or decrease accordingly; in the case of consumers, however, the latter only applies if the underlying costs have changed as a result of circumstances over which the ISP has no influence; moreover, charges payable by consumers cannot be increased for services to be delivered within a period of two months following the conclusion of the contract. This also applies to any alteration or introduction of taxes and other public levies that affect the calculation of charges.
2.3. The cancellation right of the customer that exists in the case of price changes in accordance with § 25 Par. 3 TKG 2003 is precluded if prices are reduced or if prices are adjusted according to an index stated in the price list or otherwise agreed. If discounts were agreed with the customer, the customer will not benefit from any price reductions, unless expressly agreed otherwise (and in writing in the case of entrepreneurs).
2.4. Unless expressly agreed otherwise and – except in the case of consumers – confirmed in writing, all charges are payable in advance. Payments must be made promptly upon receipt of invoice and without deductions.
2.5. In case of delays in payment, the ISP is entitled to charge the customer all costs of necessary prosecution and processing fees, as well as interest on payments in arrears of 12% per year, calculated from the day of the delayed payment. Payment reminders are issued via e-mail without charge. In the case of written reminders sent by post, the ISP will charge reminder fees in the amount of €10.00.
2.6. Offsetting against claims outstanding against the ISP and the retention of payments due to customer claims not recognized as such by the ISP is not permitted. In the case of consumers, the following applies: Set-off with outstanding claims against the ISP is only possible if the ISP is insolvent, the reciprocal claims are legally connected or the counterclaim of the customer is legally asserted or recognised by the ISP.
2.7. The right of the customer to refuse his/her contractual performance according to § 1052 AGBG in order to effect or secure counter-performance, and his/her rights to refuse performance are generally excluded. The above does not apply for consumer transactions.
2.8. The customer must raise any objections to the invoiced amounts within 30 days of the invoice date, otherwise the invoice shall be deemed approved. The ISP will inform consumers of this time limit and the legal consequences of non-compliance.
2.9. If, following a review by the ISP, the customer's objections are deemed to be unjustified, the customer must initiate arbitration proceedings with the regulatory authority (Rundfunk- und Telekom-Regulierungs GmbH) within 1 month of receipt of the ISP's response to avoid losing the right to raise objections and, following a failure of the arbitration proceedings, must take legal action within another month.
2.10. If the customer does not wish to initiate arbitration proceedings, he/she has the right to take legal action within three months of receipt of the ISP's response, otherwise the customer will lose the right to raise objections. The ISP will inform consumers of the time limits specified here under 2.8 and 2.9 as well as the legal consequences of non-compliance.
2.11. Objections do not affect the due date of the invoice amount. However if the dispute is brought before the competent regulatory authority (Rundfunk- und Telekom-Regulierungs GmbH) for arbitration, the due date of the disputed charges will be deferred until such time that the dispute has been settled. In this case, however, an amount corresponding to the average of the last three undisputed invoice amounts will be due immediately.
2.12. If an error is identified that could have been detrimental to the customer, and if the accurate charges cannot be determined, the customer must pay charges corresponding to the average of the last three invoice amounts or, if the business relationship has not been in place for three months, to the last invoice amount.
2.13. The customer is liable for all payment demands resulting from the use of the provided service or of the customer's login data (incl. by third parties), insofar as the customer is at fault for this misuse.
2.14. The ISP will elect to send the customer invoice by post or e-mail or will make it available for download by the customer in the Control Panel via a link. The customer invoice (remuneration statement) contains the following details: customer name, customer address, invoice date, customer number, invoice period, invoice number, charges for monthly fixed services, for variable services, for one-off fixed services, total amount excluding VAT, VAT, total amount including VAT, as well as any discounts granted.
2.15. In addition to any itemised invoice, the customer shall only be entitled to an itemised list of access data, log files, proxy evaluations etc. (if technically feasible and legally permissible) if a separate (and, in the case of entrepreneurs, written) agreement has been made regarding the storage and provision of such data.
3. Contract term and cancellation; blocks; data deletion on contract termination
3.1. Unless expressly agreed otherwise and – except in the case of consumers – confirmed in writing, agreements concluded between the contracting parties on the provision of services or on other continuing obligations shall be concluded for an indefinite period. Unless expressly agreed otherwise and – except in the case of consumers – confirmed in writing, the agreement can be terminated by either party at the end of each contract year, provided that a notice period of one month is observed. Domains and domain servers are cancelled online via the World4You administrative interface.
For all other products (root servers, server housing etc.), the following applies:
Cancellations on the part of the customer require a registered letter (if the customer is a consumer, the simple written form is sufficient). The timeliness of the cancellation is dictated by the date of receipt at World4You in 4020 Linz, Austria. For security reasons, cancellations sent via fax or e-mail cannot be accepted.
3.2. Observance of the agreed payment dates is a main prerequisite for the provision of services by the ISP. In the event of a delay in payment and following an unsuccessful written or electronic reminder, the ISP shall, after granting an extended deadline of two weeks and under threat of an interruption of services or the dissolution of the agreement, be entitled to interrupt its services or dissolve the continuing obligation with immediate effect at its own discretion according to the provisions of § 70 TKG 2003.
3.3. As a rule, the consumer can withdraw from a contract concluded under distance selling regulations or a contract declaration agreed under distance selling regulations (e.g. order by post or fax via an order form or registration via the internet) within a period of 7 working days. Saturday does not count as a working day. The withdrawal period commences on the date of delivery of the ordered goods or, in the case of the provision of services, on the date the contract is concluded. The declaration of withdrawal is deemed to have been submitted on time if it has been dispatched before the deadline.
In particular, no right of withdrawal exists in accordance with § 5f KSchG for goods manufactured to customer specifications; this also applies to domain registrations and server access installed for the customer.
In addition, no right of withdrawal exists if, in the case of services, it was agreed that provision of these services to the consumer is to start within 7 days. If the consumer withdraws from the contract on the basis of § 5e, he/she is responsible for any return shipping costs.
3.4. In addition, the ISP is entitled to immediately cancel a contract or interrupt/deactivate provided services if the behaviour of the customer or persons associated with the customer makes the continuation of the contractual relationship unacceptable, particularly if the customer does not observe "netiquette" or, despite the requests of the ISP, fails to remove interfering or unauthorised equipment in a timely manner, abuses services or does not keep utilised software up-to-date, thereby compromising the security of the network and the ISP's system, or if the customer violates legal provisions or contractual specifications or generates exceptionally high data transfer volumes due to excessive usage. The ISP must observe the principle of proportionality in this regard. It is at the sole discretion of the ISP whether to terminate the contract or merely interrupt/deactivate provided services. The customer acknowledges that, in the case of attacks on its systems by third parties, the ISP is entitled to block customer services temporarily without entitling the customer to any claims.
3.5. If the customer exceeds fair use limits, this grants the ISP a special cancellation right subject to a notice period of 1 week, or allows the ISP to demand that the customer switch to a different product within 1 week if the customer is notified that he/she otherwise risks termination of the contract.
3.6. All cases of justified immediate dissolution of the agreement or of interruption/deactivation of services, for reasons attributable to the customer, in no way affect the entitlement of the ISP to payments for the contractual term of the agreement until the next possible termination date as well as to the assertion of claims for damages.
3.7. In general, if the timely payment of service charges claimed by the ISP appears threatened, the continuation of services can be made dependent upon an adequate provision of security or advance payment, in particular if the customer's connection already had to be blocked due to delayed payment as well as in all cases that would entitle the ISP to premature dissolution of the agreement according to items 3.2 and 3.3.
3.8. The customer is expressly informed that no obligation to continue provision of the agreed services exists on the part of the ISP in the case of contract dissolution. The ISP is therefore entitled to delete content data that has been saved or retained for retrieval. The customer therefore bears sole responsibility for the timely and regular retrieval, saving and securing of such content data. As a result, the customer cannot derive any claims against ISP from the authorised deletion of data.
4.1. The customer must not install, use or otherwise employ any software on the server (except in the case of root servers) other than that provided to the customer as part of this agreement or for which special and – except in the case of consumers – written approval was granted. The customer undertakes to indemnify and hold harmless the ISP in the case of violations.
4.2. The ISP reserves the right to deactivate installed software at short notice and without prior announcement if it is deemed to endanger operational reliability or data security. The customer will be informed of any deactivation by letter, fax or e-mail.
4.3. In any case, the customer must ensure that any programmes he/she employs do not cause any faults. Faults that impair the equipment or services of the ISP constitute just cause for immediate contract termination or cessation/deactivation of services on the part of the ISP.
4.4. If the customer chooses to access the server externally, this must be done using suitable software to be procured by the customer. If offered by the ISP, the ISP is able to provide the necessary software subject to a separate payment and – except in the case of consumers – written agreement. In this case, the customer is granted non-exclusive usage rights for the software; strict compliance with the software license conditions is required; the customer undertakes to indemnify and hold harmless the ISP in the case of violations; a copy of the licence conditions can be provided at the customer's request.
5. Responsibility of the customer for content and usage
5.1. The customer must not store any illegal content or information on the server, nor must the customer refer to or provide links to illegal content offered by the customer or third parties in any form whatsoever. The customer undertakes to indemnify and hold harmless the ISP in the case of violations. This also applies to any other form of improper use. The ISP is neither authorised nor obligated to check customer content stored on or transported via the server. The ISP is not liable for this content, even if access to this content is provided via a link on the ISP homepage. Should any claims be made against the ISP, the customer undertakes to completely indemnify and hold harmless the ISP.
5.2. The customer acknowledges the provisions of the 2003 Telecommunications Act (TKG) in its current version as well as the duties of owners of end devices specified therein. The customer undertakes to observe the specifications of the 2003 Telecommunications Act and the relevant telecommunications standards as well as all other legal provisions. The customer is expressly advised of the regulations of the Pornography Act (PornoG), the Prohibition Act (VerbotsG) and the relevant criminal laws, whereby the dissemination, distribution and exhibition of specific content is subject to legal restrictions or prohibited. The customer undertakes to observe these statutory provisions and assume sole responsibility for compliance with these provisions from the ISP. The customer undertakes to indemnify and hold harmless the ISP if any claims are made against the ISP under civil or criminal law, before court or out of court, due to content circulated by the customer; this includes, in particular, private prosecution on grounds of defamation, offence or discredit, proceedings in accordance with the Media Law (MedienG), the Copyright Act (UrhG), the Trademark Act (MarkenSchG), the Act Against Unfair Practices (UWG) or on grounds of defamation of character and/or discredit under civil law. If claims of this nature are brought against the ISP, it shall be at the sole discretion of the ISP to decide how it reacts, without entitling the customer responsible for the content to raise a plea of insufficient legal defence – except where the ISP is guilty of gross negligence.
5.3. The customer must not use the contractual services in a manner that will impair third parties or jeopardise the security or operation of the ISP or other parties; failing this, the customer will indemnify and hold harmless the ISP. The customer also acknowledges that excessive data transfer may overload the server, which then may cease to function. Any claims against the ISP in this regard are excluded. The customer further undertakes to inform the ISP, immediately and in full, in the event that claims are brought against him/her, either in court or out of court, as a result of his/her use of the contractual services. The customer undertakes to keep utilised software up-to-date at all times, insofar as this has security-related implications.
5.4. The customer acknowledges that no unlimited obligation exists on the part of the ISP to provide data transport or connection of the server to the internet. In any case, the ISP is under no equivalent obligation if it would otherwise leave itself open to legal prosecution. The customer also acknowledges the provisions of the E-Commerce Act (ECG) and the Copyright Act, whereby the ISP is authorised and obligated to disclose information relating to the customer under specific circumstances (part. § 18 ECG). The ISP will endeavour to observe and comply with the "General rules regarding liability and duty of disclosure of internet service providers", as published by ISPA (Internet Service Providers Austria) and available at www.ispa.at.
5.5. The customer is obliged to secure his/her connection, end devices and login data against unauthorised use and access. The customer acknowledges that the saving of passwords, login data and other secret information on the hard disk of a PC is not secure. The customer also understands, that accessing data on the internet can transfer viruses, trojans or other components to the customer's end device, which in turn can have a negative impact on the customer's data or result in the unauthorised use of his/her login details. The customer also acknowledges that such actions can be performed by "hackers". The ISP accepts no responsibility for this, unless having acted wilfully or with gross negligence. Resulting claims for remuneration must be settled by the customer (unless the ISP is at fault). The customer is obliged to notify the ISP immediately of any suspicion that his/her login data or other secret information may have been obtained by unauthorised third parties. In any case, the customer is liable for damages incurred by the ISP as a result of inadequate protection of login data on the part of the customer, transfer of data to third parties, failure to notify the ISP in a timely manner of any suspicion that data may have been obtained by unauthorised third parties as well as failure to secure end devices and systems.
5.6. The customer must not search for data of other customers of the ISP or of the ISP itself that is not intended for the customer's knowledge, nor must the customer pass on, sell or otherwise utilise this data or information on how to access it. Should the customer encounter data that is not intended for his/her knowledge or obtain information on how to access this data, the customer must notify the ISP immediately and maintain confidentiality at all times.
6. Warranty; liability and exclusions of liability
6.1. The warranty period is 2 years for consumers and 6 months in all other cases. In the case of hire-purchase transactions with consumers, this period is extended until the due date of the last instalment, whereby the customer retains the right to assert his/her warranty claims if he/she has notified the ISP of the relevant defect by this time.
6.2. The ISP will remedy defects covered by warranty at its discretion either by making improvements or by providing replacement goods/services. Price reductions are excluded. Warranty claims require the customer to notify the ISP of the defects within 2 working days in writing and in detail. This item 5.2 does not apply to consumer transactions. The right of recourse according to § 933b AGBG is excluded.
6.3. The ISP does not guarantee that the server and software ordered by the customer will meet all of his/her requirements or that software will be compatible with other programs of the customer. Moreover, the ISP does not guarantee that programs will run continuously and without error or that it will be possible to rectify all errors that may occur. In the case of entrepreneurs, the warranty is limited to reproducible (continuously repeatable) faults in the program function. If technologically necessary software updates on the part of the ISP result in incompatibilities on the customer side, any claims for compensation against the ISP are excluded.
6.5. In delivering its services, the ISP endeavours to ensure utmost care, reliability and availability. For technical reasons, however, it is not possible for these services to remain accessible without interruption, for the desired connections to remain intact at all times or for stored data to be retained in all circumstances. The ISP accepts no liability for this, unless having acted wilfully or with gross negligence. Any other exclusions or limitations of liability remain unaffected.
6.6. Services may be limited or interrupted in the case of force majeure, strikes, restrictions of the services of other network operators or during repair and maintenance work. As a result, the constant availability of the contractual services delivered by the ISP cannot be assured and is beyond the ISP's control. The ISP is not liable for such outages, unless caused wilfully or by gross negligence. In all other respects, the general limitations of liability apply. Warranty claims of consumers for service interruptions within the sphere of control of the ISP or its commissioned third parties remain unaffected.
6.7. IP connectivity with other network operators is established on the basis of feasibility. Any liability for problems attributable to third-party networks is precluded. The use of other networks is subject to the usage restrictions of the relevant operators (acceptable use policy). In the case of unreasonably long interruptions or unacceptable restrictions, the right of the consumer to terminate the contract on serious grounds remains unaffected.
6.8. The customer acknowledges that, in the case of attacks on its systems, the ISP is entitled to block customer services temporarily without entitling the customer to any claims.
6.9. It is emphasised that any warranty claims on the part of consumers remain unaffected by the above provisions.
6.10. In general, the ISP's liability under this contract shall be excluded for minor negligence as well as for consequential damage and loss of profit. By way of derogation from the above, the ISP shall not be held liable for minor negligence, except in the case of personal injury.
6.11. The customer is obliged to immediately inform the ISP of any interruption or failure of contractual telecommunication services or devices so that the ISP can rectify the problem, where contractually obliged to do so, before the customer instructs other companies to resolve the issue for whatever reason. If the customer violates this duty of notification, the ISP accepts no liability for resulting damages or expenses of the customer (e.g. costs for a third-party company hired by the customer). If checks conducted by the ISP fail to uncover a fault on the part of the ISP, the customer is required to reimburse the ISP for any resulting effort, based on the hourly rate for ISP services specified in the price list, along with any cash expenses.
6.12. The ISP exercises due care in the case of firewalls installed, operated or monitored by the ISP, but stresses that absolute security and full functionality of firewall systems cannot be guaranteed. Therefore, the ISP accepts no liability for problems resulting from installed, operated or monitored firewall systems being circumvented or rendered inoperable, unless caused wilfully or by gross negligence on the part of the ISP. In addition, spam and virus filters do not operate flawlessly at all times; the customer also acknowledges that the function of spam and virus filters may impact upon his/her e-mail traffic without any error messages being displayed.
6.13. Where possible, the ISP will endeavour to plan maintenance work or changes to the server at least seven days in advance if this work or the changes are likely to affect the availability of the server or if advance notice is deemed necessary for any other reason. The customer must keep up-to-date on planned maintenance work in the Control Panel of the ISP; here the customer is provided with information as to the exact times when maintenance work is scheduled. Service outages during necessary maintenance or repair work and downtimes during agreed maintenance windows do not constitute grounds for claims against the ISP, provided the ISP is not at fault for the outages. In this case, liability for slight negligence is excluded in accordance with the general liability regulations of this agreement (with the exception personal injury to consumers).
7. Service level/warranty/liability
7.1. The ISP will make every economically feasible effort to minimise excess packet loss and latency while also avoiding downtime. Availability confirmations or other service levels of the ISP are non-binding, unless otherwise expressly agreed upon in writing. When agreed values are not met, entitlement for compensation claims only exists if the relevant values were expressly agreed in the service description. In addition, the following rules apply, whereby other or additional claims on the part of the customer are excluded in any case:
7.2. Maintenance work on the network can impact upon the contractual services. The ISP will endeavour to perform all scheduled maintenance work within these standard maintenance windows. The standard maintenance windows may be moved by the ISP. Where possible, the ISP will notify the customer of planned maintenance work three days in advance.
7.3. The calculated standard availability does not include periods of non-availability resulting from the following:
- Faults or delays attributable to the customer
- Force majeure
- Announced maintenance work or work performed during standard maintenance windows
- Faults that cannot be rectified due to lacking information from the customer or access restrictions
- Faults caused by external third parties (instructed subcontractors do not constitute external third parties)
- Necessary relocation or modification of specifications based on official requirements or permits etc.
7.4. The customer must contribute to the fault rectification processes.
7.5. With regard to any claims for compensation on the part of the customer in the case of non-compliance with the SLA threshold values, the following rules apply, whereby other or additional claims on the part of the customer are excluded in any case: Compensation for non-compliance with agreed values is provided solely in the form of a credit on the subsequent invoice. An entitlement to compensation only exists if the total compensation amount for faults during a calendar month does not exceed the total charges to be paid by the customer for one month (calculated on a pro rata basis).
7.6. Requesting a credit: The customer must inform the ISP of his/her credit entitlement in writing, with detailed specification of the relevant reasons, within five working days of the circumstances that give rise to this entitlement occurring (limitation period). If the customer fails to do so, his/her right of credit entitlement will lapse.
7.7. Claims for damages on the part of the customer that go beyond the agreed compensation amounts are excluded.
7.8. In all other respects, the limitations of warranty and liability of these general contract terms apply.
8. Data protection provisions
8.1. The ISP and its employees are subject to the secrecy of communication in accordance with § 93 TKG 2003 and the duties of secrecy as laid down by the data protection law (DSG); this also applies following the conclusion of activities that gave rise to the duty of secrecy. No personal details or user data are seen. Even the mere fact of an exchange of messages having taken place is subject to the duty of secrecy, as are unsuccessful connection attempts.
8.2. The customer may object to the processing of personal data. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a message via the communication network of the ISP or to provide a customer with the service he/she has ordered. Routing and domain information must be passed on accordingly.
8.3. On the basis of the data protection law (DSG) and the 2003 Telecommunications Act (TKG), the contractual partners agree to store, process or pass on master data only within the framework of the provision of services and only for the purposes laid down in the agreement. Such purposes are: the conclusion, execution, modification or termination of the contract with the customer, settlement of charges, creation of subscriber directories or granting of information to emergency service providers according to § 98 TKG 2003. Insofar as the ISP is obliged to disclose information in accordance with the TKG in its applicable version, the ISP will fulfil this legal obligation.
8.4. On the grounds of § 92 Par. 3 item 3 and § 97 (1) TKG 2003, the ISP is authorised to ascertain and process the following personal master data of the customer and participant: first name, last name, academic degree, residential address, date of birth, company, e-mail address, telephone and fax numbers, other contact information, creditworthiness, information concerning the type and content of the contractual relationship, payment arrangements and payment receipts as an illustration of the contractual relationship.
8.5. In accordance with § 97 Par. 2 TKG, master data will be deleted by the ISP upon termination of the contractual relationship with the customer, at the latest, unless this data is still required for invoicing or charging processes, processing of complaints or fulfilment of other legal obligations.
8.6. As a rule, access and connection data is deleted by the ISP immediately, unless this data is still required for technical or billing purposes.
8.7. No content data is stored by the ISP. If short-term storage is necessary for technical reasons, the ISP will immediately delete any stored data once the reasons for storage have elapsed. If the storage of contents is a feature of the service to be rendered, the ISP will delete the relevant data immediately after delivering this service.
8.8. Furthermore, in the case of payment by credit card, the customer grants his/her consent that all invoicing details be communicated to the relevant credit card institute in the necessary format.
8.9. The customer authorises the ISP to include his/her name or company in a reference list, which may also be published on the website of the ISP. This consent can be revoked in writing at any time.
8.10. The customer agrees to receive advertising and information from the ISP relating to products and services of the ISP and its business partners via e-mail in an appropriate volume. The customer's details, including his/her name and e-mail address, remain solely with the ISP. The customer can revoke his/her consent at any time. The ISP will grant the possibility to the customer in each advertising e-mail to reject the receipt of any further messages.
8.11. The ISP will take all reasonable and technically feasible measures to protect the stored data in line with the data security provisions of the Data Protection Act (DSG). If a third party unlawfully obtains power of disposal over data saved with the ISP or reuses such data, the ISP shall only be held liable to the customer in the case of wilful or grossly negligent behaviour. In amendment to the above, the following applies for consumer transactions: The ISP shall not be held liable if the ISP or a person acting on its behalf has caused property damage due to slight negligence.
9. Other provisions
9.1. Unless excluded by law, the legal provisions to be employed by registered traders apply. The above does not apply for consumer transactions. Austrian law applies with the exception of the United Nations Convention on Contracts for the International Sale of Goods and non-obligatory referral rules. In addition, the general terms and conditions of the ISP apply in as far these provisions do not contradict the regulations of the general terms and conditions.
9.2. All messages and declarations from the customer relating to this contractual relationship must be submitted in writing, unless expressly agreed otherwise. The customer must always specify his/her customer number (messages from consumers are also valid without a customer number if they are clearly assignable).
9.3. All disputes arising from or in relation to this contract shall be settled by the local competent court with jurisdiction over the location of the ISP. This does not apply to consumer transactions.
9.4. The ISP is entitled to transfer its duties or the entire contract to a third party in discharge of its obligations. This does not apply to consumer transactions. The following applies to consumer transactions: The ISP is entitled, at its own risk, to commission third-party companies with the delivery of services from this contractual relationship.
9.5. The customer must immediately notify the ISP in writing of any changes to his/her postal or e-mail address. Communication is deemed to have been received by the customer if it was sent to his/her last declared postal or e-mail address.
9.6. The customer is responsible for any legal transaction fees associated with the conclusion of this contract.
Special provisions for domain registration
The following applies in addition to the general terms and conditions (or by way of derogation in the case of contradictions):
The ISP procures and reserves the requested domain on behalf and for the account of the customer, insofar as the desired domain has not yet been assigned. The ISP will begin processing the transaction within 5 working days following the conclusion of the contract; successful reservation cannot be guaranteed since a domain may no longer be available (first come first served), or the domain may be a premium domain offered by the relevant registry at a higher price. In this case, the ISP will refund the paid costs if the domain is no longer available or if the customer does not accept the higher cost. The contract is thus only valid if the domain can be registered at the quoted price. The domain is registered by nic.at for .at, .co.at and .or.at addresses, and by the relevant registry for all other addresses. With regard to the domains managed by nic.at, the ISP acts as the invoice recipient for the duration of this contract (unless otherwise agreed); however, the contractual relationship for the installation and administration of the domain, shall in any case be directly between the customer and the registry, with inclusion of the general terms and conditions of the relevant registry. Links to the general terms and conditions of the registries are provided on the website of the ISP. The registration fee transferred to the registry is included in the amount invoiced to the customer by the ISP (unless otherwise agreed). In the case of domains not managed by nic.at, the customer is invoiced directly by the domain administration body, unless otherwise agreed; in this case, the ISP bills the customer for the agreed registration fee, utilised technical facilities as well as an administration fee.
Regulations for .COM/.NET/.ORG/.INFO/.BIZ/all other ICANN domains:
World4You is an official, ICANN accredited registrar for the top-level domain names .COM and .NET. The ICANN "Uniform Domain-Name Dispute Resolution Policy" (UDRP) applies http://www.icann.org/en/dndr/udrp/policy.htm
When the customer registers a .COM and/or a .NET domain, he/she undertakes to indemnify and hold harmless the .COM/.NET registry, VeriSign, Inc., and its directors, executive staff, employees, representatives and subsidiaries from all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenditure, resulting from or relating to the registered domain owner.
The fee for restoring (reactivating) a domain previously deleted due to cancellation (redemption period) is EUR 100.00, excl. VAT.
The customer acknowledges that the contract between the customer and registry does not end automatically upon termination of the contract with the ISP; rather, the customer must cancel this contract with the registry himself/herself, unless otherwise expressly agreed upon (and in writing in the case of entrepreneurs) between the ISP and the customer.
Therefore, with regard to the domain, the general terms and conditions of nic.at (available at www.nic.at) or the relevant registry apply; these can be supplied by the ISP at the customer's request.
The ISP is not obliged to check the legal permissibility of the domain, such as with regard to protected trademarks or names, but has the right to refuse the domain registration in the case of concerns. The customer agrees to observe the relevant legal provisions and, in particular, not to infringe anybody's rights to a name or trademark and will completely indemnify and hold harmless the ISP in this respect.
These provisions apply accordingly in the case of domain transfers. If the transfer fails for reasons not attributable to the ISP or if automated processing is not possible, the customer is still required to pay the relevant charges. Any additional effort on the part of the ISP must be reimbursed by the customer in the form of a separate payment.
The customer must notify the ISP of a transfer and cancel the contract with the ISP subject to the applicable notice period and payment of any charges for the remaining term. Except with Nic.at, the domain is cancelled upon termination of the contract between the customer and the ISP in any case; the customer must therefore take necessary steps himself/herself to ensure that the domain is transferred in good time.
SPECIAL PROVISIONS FOR SERVER HOUSING
The following applies in addition to the general terms and conditions (or by way of derogation in the case of contradictions):
As a rule, the ISP only delivers services involving server housing to entrepreneurs, and not to consumers as defined in the Consumer Protection Act (KSchG). The customer hereby declares that he/she is an entrepreneur.
1. Right of retention, lien and settlement pertaining to delayed customer payment
1.1 If the customer falls into arrears with his/her payment obligations to the ISP, the customer hereby acknowledges that the ISP has a right of retention over the objects belonging to the customer, particularly servers and all accessories located on the premises of the ISP; this right exists until the customer has settled all contractual obligations to the ISP.
1.2 In addition, the customer hereby grants the ISP a right of lien over objects located on the premises of the ISP, particularly servers and accessories, to cover all current or future obligations of the customer to the ISP, particularly obligations resulting from and relating to this contractual relationship.
1.3 The customer grants the ISP direct settlement rights over these objects, in particular the right of extra-judicial liquidation and sale on the open market with subsequent settlement from the resulting revenue. Any amounts in excess of the obligations due from the customer to the ISP will be paid out to the customer.
2. Duties of the customer upon contract expiry
2.1 Upon completion of this contract (product: server housing), the customer must remove his/her equipment and any other objects and materials belonging to him/her from the site or any other areas; the customer must do so promptly, but within 10 working days at the latest, and at his/her own risk and expense. If the customer fails to comply with the above, the ISP is entitled to have equipment and other objects removed at the customer's risk and expense. If the customer fails to collect the equipment and other objects within two months of their removal, the ISP can dispose of the equipment and objects or liquidate them at its discretion and retain the proceeds; this rule applies to companies but not to consumers as defined in the Consumer Protection Act (KSchG).
2.2 If, following completion of the contract, the site cannot be utilised by the ISP for reasons attributable to the customer, the ISP is entitled to bill the customer for the ongoing fees for each month commenced in which the site is not usable by the ISP.
2.3 If the customer has not already removed the server by the time of contract expiry, all risks shall pass to the customer, even if these would normally, for whatever reason, be borne by the ISP. The ISP is liable for all damages it may cause wilfully or by gross negligence, subject to the limitations of liability specified in these terms and conditions.
3. Responsibility, maintenance
3.1 The customer bears sole responsibility for servers and any accessories. This is also includes the installation of updates for utilised software and the operating system. The ISP does not provide any support (including Linux support). The ISP does not perform any maintenance work or other activities, unless otherwise agreed separately in writing. For purposes of maintenance and server operation, the customer and persons nominated by him/her in writing have a right of access during the times agreed in writing with the customer. If no specific times have been arranged, the right of access exists solely during the general business hours of the ISP. The ISP has the right to refuse access to the customer on specific grounds, including, in particular, a delayed payment on the part of the customer.
3.2 The customer is provided with a traffic allowance depending on the package selected; the customer will be informally notified by the ISP if he/she exceeds this allowance. The customer will be billed for the additional traffic (in excess of the allowance) according to the list of charges published on the ISP's website, regardless of whether and when the ISP has notified the customer of the transgression.
3.3 In the case of compelling reasons, technical or otherwise, the ISP has the right to alter technical details of the service either temporarily or permanently, provided that this does not impact upon the customer's interest in the agreed service, or only does so temporarily and to an insignificant degree. The customer is obliged to contribute to such changes in an acceptable scope.
3.4 At all times, the customer bears sole responsibility for creating backup copies of all necessary data that is stored on customer equipment; he/she must ensure that backups are stored in a secure environment outside the server room.
3.5 All customer equipment must be installed, operated and maintained according to manufacturer specifications in the supplied documentation.
3.6 All customer equipment must be clearly labelled by the customer.
4. Right of access of the customer to the server
4.1 The customer must, at all times, observe the safety and fire prevention regulations, the regulations specified or posted in the server room as well as all reasonable instructions provided by the ISP's support service.
4.2 The customer must not install or replace any locks or closure devices in the server room or otherwise prevent access of the ISP to parts of the server room.
4.3 If the ISP is of the justified opinion that the customer is not ensuring adequate cleanliness or tidiness of the rented site, or that customer equipment in any way represents a hazard to persons or the facilities in general, the customer's contact will be instructed to rectify these issues within a period deemed appropriate to the circumstances. If the customer fails to rectify the problems within the specified time frame, the ISP is entitled to implement all measures deemed necessary to remove the hazards and bill the customer for the cost and effort involved.
4.4 To ensure a high level of security, the ISP is entitled to install a comprehensive video surveillance system in the server room. The transmitted images may be recorded and checked on a regular basis to enable playback and analysis where necessary.
4.5 The ISP reserves the right to check the equipment carried by personnel when entering or exiting the server room. This right can also be exercised by a support service authorised by the ISP. No equipment must be taken off-site by the customer without appropriate logging in conjunction with the ISP.
4.6 The ISP reserves the right to enter sites rented to housing customers at any time. To enable such inspections and any emergency work that may be necessary, the ISP possesses master keys for all locks in the server room.
4.7 The customer must limit access to the server room to a small group of persons, who require entry to the server room purely for operational purposes. In addition to employees and agents of the ISP, this group generally consists solely of customer staff, or their representatives, who have already been authorised to access the server room. Persons not included in the aforementioned categories will only be granted access to the server room by prior arrangement and only if a valid reason for said access can be provided. Ultimate responsibility for granting access to the server room lies with the ISP. Upon entering the facility, personnel with authorised access to the server room must follow the applicable written or verbal instructions of the personnel or support service of the ISP.
4.8 If a representative of the customer is justifiably regarded by the ISP as a risk to the security and operation of the server room, performs unauthorised activities or disregards the reasonable instructions of the ISP in the server room, the ISP may expel this person from the server room and/or deny them access to the server room on a permanent basis.
4.9 The server room premises can only be accessed by customers when accompanied by a member of the ISP's support service. Any access to the server room requires advance notification. The ISP will compile rules regarding access control and provide these to the customer. These rules must be strictly observed by the customer.
4.10 If customers have rented lockable racks, they will be provided with corresponding keys and must ensure that any representatives with access authorisation are in possession of these keys before entering the site. The ISP will not provide master keys to customers or open housings for them if they have lost or misplaced their keys and no express instruction to this effect has been received from the customer's contact. All duplicate keys produced for the customer to replace missing keys are subject to a charge.
4.11 All deliveries to the server room must be announced by the customer at least 48 hours in advance and suitable times agreed with the ISP. As a rule, the ISP permits deliveries and will accept the delivery date. However, the ISP reserves the right to provide the customer with binding instructions as to the date, time and manner in which the delivery must be made in order to avoid conflicts with regard to the usage of the loading area, lifts, access corridors etc. All backorder deliveries or any shipments that, for whatever reason, do not arrive on schedule are considered new deliveries of which the ISP must be notified separately.
4.12 The customer must ensure that a representative is on-site to accept all deliveries. Acceptance of any unannounced deliveries will be refused in all cases. Postal items for server room customers cannot be received at the server room and will be returned to the sender.
4.13 Customers wishing to transport equipment away from the server room must agree this in writing with the ISP and announce such transport at least 24 hours in advance. This announcement must be accompanied by a complete list of the equipment to be removed. The list must contain the date and time of the intended transport as well as the customer representative who will collect the equipment. Once the transport request has been approved by the ISP, a confirmation will be dispatched and an approval for equipment transport issued, which will be available for the collection by the customer's authorised representative on the agreed date. If large volumes of equipment are to be collected, the ISP reserves the right to provide the customer with detailed instructions as to the date, time and manner of the collection. This is to avoid conflicts with regard to the usage of the loading area, lifts, access corridors etc.
4.14 During installation, maintenance and operation of his/her server, the customer must ensure that all waste, and packaging material in particular, is removed without delay. If the customer fails to fulfil this obligation, the ISP is entitled to have such waste and packaging material removed at any time, without prior announcement and at the customer's expense.
4.15 The operation of all devices for wireless communication or transmission and all devices emitting electromagnetic or other radiation, which can impair the operation of the IT and telecommunication equipment, is prohibited in the server room. This applies in particular to the use of wireless LAN solutions in the server room.
SPECIAL PROVISIONS FOR RENTED SERVERS
The customer has no access to the server room.
The ISP provides the customer with pre-configured hardware; however, the customer has no entitlement to specific hardware or a specific server; the ISP may provide an equivalent product instead of the contractually agreed item.
The ISP will ensure that the hardware remains in fully operational condition, as with the initial configuration; no maintenance contract exists, however.
With regard to the configuration software, the customer must observe the software licensing conditions of the manufacturer and is responsible for installing any necessary updates. No updates will be performed by the ISP. The customer is responsible for updates to the initial configuration.
In the case of damage not attributable to the customer, the ISP will provide an equivalent replacement product and restore the original configuration; the ISP will do so within 5 working days, unless a shorter time frame has been agreed. Any claim on the part of the customer to recover costs for reconfiguration, data loss etc. is excluded. Unless expressly agreed otherwise, the customer bears sole responsibility for his/her data backups.