Terms and Conditions

These terms and conditions are valid from 01.10.2016 for new contractual relationships.

I. Preamble

Except where the context otherwise requires, the following principles will apply in interpreting the terms and words used in these terms and conditions:

• Words describing the masculine, feminine or neuter gender include any of them, and the singular includes the plural and vice versa.
• Clause or section headings are for ease of reference only and do not affect the meaning of this acceptable use policy.
• A reference to a party includes its executors, administrators, successors and authorised assignees.
• Words and expressions describing natural persons include partnerships, legal persons (e.g. incorporated companies), associations, governments, governmental and local authorities and agencies.

II. Definitions

MandoraWeb:

MandoraWeb is an operation of Mandora Media GmbH, registered address in Mühltalstrasse 38, DE-94032 Passau, registered at the chamber of commerce at HR Passau under number HRB 9354, VAT registration number DE299528305 for provision of services for operation of websites – so called web hosting – and related service, amongst others domain registration on behalf of its clients.

Domain Name:

A domain name is a specified name ("label") at a top level domain, e.g. mandoraweb.de. Domain names are exclusively assigned by the relevant registry to the registrant. The registry grants to the registrant the right to use a certain domain name. Hereby a contract is concluded between the registrant and the registry at the relevant registry's conditions. The application of a domain name is usually handled by a registrar on behalf of the registrant.

Domain Service:

A contract between a technical service provider and a registrant covering technical services, which are necessary for the operation of a domain name, e.g. provision of dns services. If MandoraWeb is acting as billing contact for domain names of its clients, domain fees charged by the relevant registry will be paid by MandoraWeb as long as a contract for domain service for the relevant domain name is active between MandoraWeb and the client. Expiration dates of domain services are independent from expiration dates at the relevant registry.
MandoraWeb offers domain service for a multitude of top level domains.
Further information on this is available at: https://www.mandoraweb.de/en/domain
Basic prerequisite for the use of MandoraWeb domain service is an MandoraWeb Domain Server or Web server plan.

Server Plan:

MandoraWeb offers different server plans, which provide different services for the operation of web, email and other services for one or more distinct domain name(s).

CustomerCenter:

MandoraWeb CustomerCenter is an electronic platform for managing services offered by MandoraWeb, amongst others management of contact data of the client, management / technical configuration of booked services, contact customer service, etc.
CustomerCenter is available at
https://service.mandoraweb.de

Expendable items:

Expendable items are e.g. data traffic, online times, server utilization and more.

Effort & labour time:

Additionally required effort concerning a contract, an account or a domain, like e.g. correspondence with registries, enquiries from authorities, protection agencies and technical agencies, credit card companies and other time-consuming works are charged separately according to the price list by expenditure of time - even if no separate approval was requested from the client.
When expenditure of time is charged, the minimum fee is 15 minutes based on the current price list.

III. Services of MandoraWeb

1. MandoraWeb provides services for operation of websites – so called web hosting – and related service, amongst others domain registration on behalf of its clients.

2. MandoraWeb provides all deliveries and services solely based on these terms and conditions.

3. MandoraWeb is entitled to alter the content of this contract with the agreement of the client, as long as the alteration, with regard to the client's interest, is reasonable. The agreement of the client is deemed as granted, provided that the client does not object to the alteration within four weeks of being given access to the alteration notice, or explicitly accepts these again by using the CustomerCenter of MandoraWeb. MandoraWeb commits itself to notify the client of the consequences of refraining from objecting in the alteration notice.

4. Unless explicitly agreed, MandoraWeb may provide the incumbent services by means of competent employees or third parties. MandoraWeb reserves the right to discontinue free-of-charge services at any time without notice. Services which extend or improve the concluded contract without additional fees are automatically provided within 60 days.

IV. Obligation of clients

MandoraWeb processes orders of the client with due diligence of a regular business.
Also the client has some special obligation to cooperate as well as due diligence, especially the following duties:

1. Contact data of the client

1.1. The client is obliged to always provide valid contact data, especially an email contact address ("authoritative email address") and in case of changes to this data to communicate the changes immediately in CustomerCenter, item Account | Update Contact Data.

1.2. Informal notices about updates of contact data may be processed manually by MandoraWeb after verification of authenticity and proof of identity of the sender. Due to the high security clearance of the authoritative email address – especially concerning domain names of the client – MandoraWeb recommends updating contact data in CustomerCenter solely.

1.3. The client is solely responsible for the regular and periodic review of his electronically delivered messages. Any shortfall due to not deliverable emails, especially technical information, legal information, or confirmations, invoices or payment reminders, is at the expense of the client.

2. Information for the client

Any information for the client concerning changes to terms and conditions, terms of services or scope of services, prices as well as technical information are provided to the client exclusively in CustomerCenter, item Account | News.
The client should visit the news area periodically at least every 14 days, so that he/she can review important messages concerning the provisioned services as well as security issues.

It is agreed, that this information is not delivered by postal mail.
Additional notification of these messages can be activated at any time by the client in CustomerCenter without acknowledging any legal obligation therefor and without prejudice.

3. Unambiguous orders and instructions

The client places orders to MandoraWeb solely using the ways, which are provided online by MandoraWeb like the website at www.mandoraweb.de and the CustomerCenter. Any instructions by the client are given in writing using CustomerCenter.
In order to avoid misunderstandings, instructions and orders conveyed verbally (e.g. by telephone) or in any other written form (e.g. by fax, letter) are deemed as not taken place as long as they are not confirmed through CustomerCenter.

4. Use of pre-printed forms

The client is obliged to use pre-printed forms provided by MandoraWeb for certain instructions, like e.g. authorisation of domain transfers, holder changes etc.

5. Inspection of confirmations

In case confirmation messages from MandoraWeb do not match orders or instructions of the client, the client has to object immediately in writing using the ways, which are provided online by MandoraWeb like the website at www.mandoraweb.de and the CustomerCenter at https://service.mandoraweb.de.

6. Confidentiality

The client is obliged to keep his user data confidential as well as other sensitive information, to which he has access by using the services of MandoraWeb and is fully responsible for keeping this information confidential. In case MandoraWeb renders chargeable services by order and on responsibility of third parties, who have access to the client's user data, those services will be deemed as ordered by the client or with his agreement respectively.

7. Client data

The client is solely responsible for character and content of the data published by him. Due to the public nature of the Internet, all material submitted by the client for publication will be considered publicly accessible. MandoraWeb does not screen in advance the client's material submitted to MandoraWeb for publication. Publication of material by MandoraWeb submitted by client does not create any express or implied approval by MandoraWeb of such material, nor does it indicate that such material complies with the terms of these terms and conditions.

8. VAT registration number, reverse charge

8.1. In case the client is a business entity, entitled to deduct VAT according to the law and provides its EU VAT registration number to MandoraWeb, all orders, bills and invoices are issued by MandoraWeb based on reverse charge according to Art. 21.1(b) of 6. directive 77/388/EWG without charging VAT. The client is in such a case obliged to always keep his EU VAT registration number up-to-date. In case the provided EU VAT registration number becomes void at any time, the client is obliged to inform MandoraWeb immediately about this fact and provide a new EU VAT registration number in CustomerCenter, if applicable.

8.2. In case the client does not immediately inform MandoraWeb about deletion, change and / or new issue of his EU VAT registration number and therefore orders, bills or invoices are or were issued by MandoraWeb using an invalid EU VAT registration number the client is obliged to immediately pay the not charged VAT. MandoraWeb will in such cases charge a handling fee amounting to 174.00 EUR incl. VAT to the client.

8.3. In case MandoraWeb gains knowledge about the invalidity of the EU VAT registration number of the client, MandoraWeb will remove the EU VAT registration number from the client's contact data and future orders, bills and invoices will be issued including VAT, except the client provides MandoraWeb in CustomerCenter with a valid EU VAT registration number before issue of the new order or bill.

V. Contract duration & renewal

1. Conclusion of the contract

The contract is concluded by online offer of MandoraWeb and payment of the client.

2. Duration:

Contracts covering domain and hosting services are initially concluded for a period of 12 months.

3. Contract renewal

3.1. The client receives app. 60 days before the end of the current contract term a proforma invoice, which is the offer for renewal for 12 further of the contract at current terms. If client pays within 30 days a contract for another 12 months is concluded anew. Proforma invoices are available in CustomerCenters as well as sent by email.

3.2. Example of a 12 monthly bill with order date 01.01.2016:

• The initial bill is issued on the 01.01.2016 with a billing period of 12 months.
  The billing period is listed in months in the bill.
• The follow-up bill is issued around the 02.11.2016.
  Billing period of the follow-up bill: 01.01.2017 - 31.12.2017

VI. Contract termination

1. Cancellation, withdrawal, revocation

Hosting and domain services are individual services and can therefore not be revoked, cancelled or withdrawn from after beginning of setup.
In case of an effective revocation the client has to pay for already used services.

1.1. Consumers as defined by law do not have the right of revocation in distance contracts for:
a) services, if MandoraWeb starts providing the services already before expiry of the revocation deadline, due to the express request of the client and confirmation of the client about his/her knowledge about the loss of right of revocation in such case, that the service was already provided in full or partially;
b) services, which are prepared to client's indivdual needs or made to client's individual order.

2. Cancellation

2.1. Clients should use the predefined cancellation forms (http://www.mandoraweb.de/en/cancellation/) in their own interest and submit cancellation notes within a support request in CustomerCenter, because many domain related actions can only be processed using unambiguous instructions signed by the domain holder.

2.2. Informal cancellation requests will be processed after verification of authenticity and apply at last to the services of MandoraWeb. Services applying to domain contracts between the client and the relevant registry will be forwarded to the registry, if this is technically possible.

2.3. If instructions and / or authorisations fur further handling of domain name(s) are missing or do not comply with registry's regulations in an informal cancellation request , relevant domain names will be returned to the registry's management – e.g. for .at domains billwithdraw, for .de trasit – or if this is not possible, closed. Billwithdraw or Transit will NOT terminate contractual relationship between the client / domain holder and the registry!

2.4. Technical deactivation is executed with immediate effect, unless continued operation until a specific dates is specified explicitly. Fees paid in advance are not refunded. The entire fees for the current contract period fall due for payment immediately.

3. Expiration of the contract

If fees for a renwal bill are not credited to an account of MandoraWeb 30 days prior to expiration of the current contract period, the relevant contracted services will expire automatically. Relevant services of MandoraWeb will be discontinued or uninstalled at the end of the current term, relevant domain names are not renewed at the relevant registry (EXPIRE) or, if technically possible returned to the management of the relevant registry (BILLWITHDRAW, TRANSIT). All data stored on MandoraWeb server system are deleted irrevocably. Data, which have to be stored due to legal oblligations are exempted from this rule.

4. Extraordinary contract termination

4.1. MandoraWeb reserves the right to terminate the contract or suspend services immediately at any time, if the Acceptable Use Policy ("AUP"), terms and conditions or legal requirements are violated, or if such a violation is suspected reasonably. The client is fully liable to pay for damages, that are causes, were caused or will be caused by violating the AUP. Fees paid in advance are not refunded. The entire fees for the current contract period fall due for payment immediately. A claim for refund of not utilised fees is not constituted thereof.

4.2. MandoraWeb reserves the right to terminate the contract or suspend services immediately at any time, in case of late payment and / or the client does not meet or does not fully meet his contract obligations. The client is fully liable to pay for damages, that are causes, were caused or will be caused by delayed payment or not meeting his contract obligations. Fees paid in advance are not refunded. The entire fees for the current contract period fall due for payment immediately. A claim for refund of not utilised fees is not constituted thereof.

4.3. Additional expenditures arising from the extraordinary contract termination amount to 149.00 Euro incl. VAT. In case of an extraordinary contract termination all services of MandoraWeb are immediately discontinued and domain names are returned to the administration of the relevant registry (BILLWITHDRAW, TRANSIT) or - if this is not possible - closed (CLOSE).

VII. Delivery and payment conditions

1. Delivery conditions and invoicing

MandoraWeb will issue an order confirmation as well as a proforma invoice at the time of order or at the time of renewal of services for the client. Order confirmations are sent to the authoritative email address of the client. Proforma invoices are provided to the client in CustomerCenter and additionally sent to the authoritative email address of the client. The client has the right to claim access information and domain apliication or renewal only after complete settlement of the order. The decisive factor is the date of value on a bank account of MandoraWeb. After settlement of the outstanding items MandoraWeb will issue a receipted invoice for the client. The invoice will be sent by email to the authoritative email address of the client and will be made available to the client in CustomerCenter additionally.

2. Invoicing of expendable items

Expendable items are charged separately according to the price list when the agreed limits of the booked services is exceeded. Data traffic and serverutilization are calculated per each started Gigabyte, where 1 Gigabyte is calculated as 1000 Megabytes.
When expendable items are being calculated by time, the minimum fee is charged at 15 minutes based on the current price list.

MandoraWeb will issue an order confirmation as well as a proforma invoice at the time billing for expendable items for the client.
A consumer may provide proof that no, or minor, additional effort occurred.

3. Invoicing of effort & labour time

Additionally required effort or labout time charged separately according to the price list by expenditure of time - even if no separate approval was requested from the client. When expenditure of time is charged, the minimum fee is 15 minutes based on the current price list.

MandoraWeb will issue an order confirmation as well as a proforma invoice at the time billing for effort or labout time client.
A consumer may provide proof that no, or minor, additional effort occurred.

4. Price changes

MandoraWeb attempts to hold prices stable and unchanged as long as possible, however MandoraWeb may increase or decrease prices for not more than 25% per quarter without having to ask the client for separate agreement. Such a price change does not touch already billed periods and will take effect only from the next billing period onwards. Price changes due to price increases of suppliers and / or high fluctuation of currency and exchange rates, which exceed 25%, can be passed to the client immediately.

5. Message delivery

As a rule proforma invoices, order confirmations and payment reminders are sent to the authoritative email address of the client. Additional delivery by postal mail of the relevant information is agreed, when a noticeable malfunction or non-availability is encountered. The resulting surcharge amounts to 25.00 EUR incl. VAT. A consumer may provide proof that no, or minor, additional effort occurred.

6. Delayed payment

6.1. for services of the current contract period

Delayed payment occurs automatically 30 days after order confirmation, provided that no shorter payment term is specified in confirmation of the relevant order.When payment is delayed, MandoraWeb is entitled to terminate the contract extraordinarily and the entire fees for the current contract period fall due for payment immediately. Any maybe existing entitlements for services forfeit herewith.

6.2. for contract renewal

If the offer for renewal is not accepted 30 days before expiration of the current contract term, MandoraWeb will send a notice for safety precaution by postal mail to the client. The resulting surcharge amounts to 25.00 EUR incl. VAT and will be added to the offer for renwal. Validity of the offer for renewal is extending for another 14 days at the updated rate.

If the offer for renewal is not accepted by non-payment 7 days before expiration of the current contract term, MandoraWeb will technically restrict its services ("Cool-Down Period"). The resulting surcharge amounts to 29.00 Euro incl. VAT and will be added to the offer for renwal. Validity of the offer for renewal is extending for another 5 days at the updated rate.

If the offer for renewal is not accepted by non-payment on the of expiration of the current contract term, the contract will expire.

7. Provision of a security deposit

MandoraWeb may ask for provision of a security deposit as a requirement for further service provisioning, when the payment of fees in due time seems compromised. This is especially the case, when delayed payment or the client occurs as well as in all cases, which may cause an extraordinary contract termination. Furthermore MandoraWeb may ask for provision of a security deposit as a requirement for further service provisioning without stating any reasons. The amount of the security deposit should not exceed the complete fees for 2 years. Security deposits are immediately due after request and have to be paid by wire transfer / remittance. MandoraWeb will keep security deposits on an account without interest secured from execution.

8. Additional charges

If MandoraWeb issues a bill for additional delivery by postal mail, administrative fees (e.g. for handling of domain transfers, temporary account deactivation, services depending on consumption, etc.) or extraordinary contract termination, this bill will be due immediately. MandoraWeb may initiate the collection by legal means of those outstanding items immediately.

VIII. Domain names

1. Domain application

As far as the application for and maintenance of domain names (="Domain service") is the subject of the services,MandoraWeb merely acts an intermediary or agent for the client towards the relevant registry. The client (i.e. Domain owner) directly agrees to the relevant valid contract terms for domain allocation. Only the client becomes entitled and bound by contracts with the relevant registries.
As far as .DE domains are subject of the contract, the domain terms as well as the domain guidelines and the price list of DENIC (see www.denic.de) apply. As far as .AT, CO.AT or OR.AT domains are subject of the contract, these terms and conditions as well as the terms and conditions and price list of nic.at apply. These can be seen at www.nic.at.
For other top level domains the terms and conditions and price lists of the relevant registry apply.

2. Domain availability

The availability of MandoraWeb domain search (Whois) is no guarantee that the desired / invoiced domain is still available for registration either at the time of the enquiry or at the time of payment plus 48 hours (working days). This is also highlighted by the terms and conditions and regulations of the relevant registries, which are hereby explicitly accepted in the relevant country's language.

3. Domain allocation

MandoraWeb has no influence on the allocation of domains. Hence MandoraWeb cannot guarantee that the client actually receives the domain name he applied for, that no third party already has any right to the name, that it is unique or that it is long-lasting. This also applies to sub domains, delegated under domain names of MandoraWeb.

4. Domain fees

The billing of domain fees is handled exclusively by MandoraWeb within its Domain service. Zone contact changes, billing contact changes or name server changes as well as outgoing domain transfer are not deemed to be valid cancellation notes. Changes to domain data, holder changes, updates as well as administrative works in respect to domain names and/or DNS (Domain Name System) settings and their maintenance are charged separately according to time expenditure.

5. Changes to DNS settings and/or domain data

Changes to DNS settings and/or domain data which the client arranges directly with a registry must be communicated and justified towards MandoraWeb within 48 hours in writing.

6. Domain conflicts, exemption

If the client receives a request from a third party to give up his domain name because it allegedly violates any rights, MandoraWeb must be notified immediately. In this case MandoraWeb is entitled to waive the domain name on behalf of the client, if he does not provide security for possible court and solicitor costs (at least 15.000 €).

7. The client frees MandoraWeb, its employees and agents as well as any persons and organisations involved in the domain registration, of compensation claims by third parties as well as expenditures, which are based on undue use of a domain by, or with consent of, the client.

IX. Acceptable use policy

1. Scope of policy

The acceptable use policy applies to all services provided by MandoraWeb.
You can find this in the current version at https://www.mandoraweb.de/en/acceptable-use-policy

2. Violations

Violations of the acceptable use policy lead to cancellation without notice and a penalty of 10,000.00 Euro is agreed.
Further demand for compensation will remain unaffected.

X. Rights of third parties, Copyright

1. The client explicitly warrants, that provision and publication of the contents of the website, which was prepared by him or by MandoraWeb on his behalf, does not violate either international law or his national law, which may deviate from international law, especially trademark, data protection and competition law. MandoraWeb reserves the right to exclude sites with questionable content from saving on its server systems. The client is informed by MandoraWeb about the removal of a site immediately.
The same applies when MandoraWeb is requested by a third party to remove a site, which allegedly violates third-party rights.

2. MandoraWeb is entitled to delete websites or to prevent access for third parties to websites in any adequate way, which couldviolate rights of third parties. The client is informed of such an action immediately. Should the client be able to provide proof, that no rights of third parties are violated, MandoraWeb will make the website available again. The client frees MandoraWeb from compensation claims by third parties, which are based on undue contents of the client's website.

3. Technical possibilities for data monitoring ("eavesdropping") are available in accordance with legal decrees, but data is only monitored upon request by the relevant authority. Time expenditure for data monitoring in accordance with data monitoring are charged separately, at a minimum of 129.00 Euro including VAT per request.
A consumer may provide proof that no, or minor, additional effort occurred.

4. As far as MandoraWeb creates web presentations for the client or provides website creation facilities for the client, MandoraWeb grants to the client a non-exclusive right of use of the created sites for the duration of the contract. The client guarantees that all provided images and texts underlie his copyright or that the client can provide proof of relevant permission. The client frees MandoraWeb explicitly from any kind of compensation claim by third parties or himself.

XI. Data protection and privacy

1. The client agrees that personal data (stock data) and other information, which concerns user behaviour (connection data, e.g. time, quantity and duration of connections, access passwords, uploads and downloads) is stored by MandoraWeb during the duration of the contract, as long as this is required for the fulfillment of the contract, especially for billing purposes. The client declares his consent to this storage. Cookies are stored non-permanently, given that this is enabled in the client's browser, during the online ordering process and in CustomerCenter, in order to simplify the order process.

2. MandoraWeb is obliged to provide the client with information about the stored data, as far as it concerns him, completely and free of charge. MandoraWeb will not provide this data or the content of private messages of the client to third parties without consent. The only exception is when MandoraWeb is required by law to provide this data to third parties, especially government agencies. Typically, address information must be provided to the relevant registry for domain registration and is made publicly available by the registry. (Whois) (See also www.denic.de and www.nic.at)

3. MandoraWeb explicitly points out to the client that data protection for data transmission in public networks such as the internet cannot be guaranteed due to current technology. The client knows, that MandoraWeb can access the website data stored on the web server at any time and maybe also further data of the client stored there. Other internet users could technically gain unauthorised access to the network security and control data and message traffic. The client must therefore care for the security of data transmitted to the internet himself.

XII. Limitation of liability

1. MandoraWeb is liable for damage caused by it or one of its assistants, if this was caused by gross negligence or intentionally. When essential contractual obligations are violated, the liability is limited to one month's fees in cases of simple negligence causing typical financial loss concerning predictable, immediate damages. The client is solely responsible for data backups, and deciding on the regularity of these. MandoraWeb is free of liability and compensation claims when service loss occurs due to suspension requests by the client, MandoraWeb or third parties. In all other cases liability is excepted.

2. MandoraWeb provides hosting and domain service for operating the client's website. MandoraWeb is therefore not responsible for client's site maintenance, changes, modifications, HTML coding, scripting, or programming, now or in the future. The client himself is solely responsible for creating and maintaining his website. In case of loss of service due to non-functioning of the client's website - also due to changes caused by software updates - the client frees MandoraWeb from any liability and compensation claims.

3. The client obliges himself to release MandoraWeb from all possible claims by third parties, which are based on unlawful actions by the client or errors in the information provided by the client in regards to content. This applies especially for copyright, protection of data privacy and competitive law violations.

XIII. Applicable law, jurisdiction

1. German law applies. The contract language is German.
Therefore only the German original version is binding, versions translated to other languages are merely informal.
United Nations Convention on Contracts for the international sale of goods is excluded.

2. As long as the client is business man, legal entity, public law special asset or is in the country without jurisdiction, the court of jurisdiction is Munich.
MandoraWeb can also take action against the client at his/her residence or place of business.

XIV. Final clauses

1. Parol subsidiary agreements do not exist. Alterations or amendments to this contract are only valid if they are agreed in writing. An alteration to this clause in turn must be in writing.

2. All statements by MandoraWeb are delivered to the client electronically. This applies especially for bills within the contract.

3. The client can only claim receivables against MandoraWeb if these are recognised or legally established.

4. MandoraWeb does not recognise the client's terms if they deviate from these terms and conditions, unless this was explicitly agreed upon in writing. These terms and conditions also apply exclusively if MandoraWeb unreservedly provides services despite being aware of conflicting terms of the client.

5. Due to the complex laws for consumer protection in different european and non-european countries creation and usage of separate terms for each country of residence of clients is neither reasonable nor acceptable. Therfore, if in the country of residence of the client any legal regulation for consumer protection in force contradicts any of the regulations of these terms, the legal regulations for consumer protection in the country of residence of the client supersedes.

6. Should a regulation of this contract be ineffective or should it contain a loophole, this does not affect the effectiveness of the remaining regulations. An ineffective regulation or loophole is replaced by a regulation which comes as close to the economical purpose of the agreement as possible, and which would have been agreed upon by the parties if they were aware of the ineffective regulation or loophole.