Terms and Conditions
Created on 27 July, 2021 | 447 views | 5 minutes read
§ 1 Introduction
§ 1.1 The following general terms and conditions are the basis for all business transactions with Creative Skyline and 85Uptime (hereinafter summarized and referred to as Creative Skyline). Sales, delivery and performance take place only under these conditions. Deviations will only become part of the contract if they have been expressly agreed in writing beforehand.
§ 2 General
§ 2.1 Retention of title / rights of use
§ 2.1.1 Creative Skyline may use all projects / graphics / photographs of the customer created or supervised for its own purposes, e.g. in the context of references, customer acquisition, etc. to the full extent.
§ 2.2 Obligations and Liability
§ 2.2.1 The obligations of Creative Skyline arise primarily from the specification of services, the submitted offers or signed orders between Creative Skyline and the client.
§ 2.2.2 Insofar as Creative Skyline provides free services, these can be discontinued at any time. This does not result in a reduction, reimbursement or compensation claim. Even lost data cannot be restored or output.
§ 2.3 Customer-specific / individual offers
§ 2.3.1 Creative Skyline offers are subject to change and non-binding.
§ 2.3.2 In the case of customer-specific / individual offers, the offer must be accepted within a reasonable period of time after the offer has been sent. If accepted later than one month after being sent, the offer loses its validity and agreed execution times can be extended. The offer can be refreshed and adjusted if necessary after consultation.
§ 2.3.3 Side agreements are only effective if they are confirmed in writing.
§ 2.4 Conclusion of contract / realization of the order
§ 2.4.1 When using the online ordering process, the contract is concluded when the customer sends the order.
§ 2.4.2 In the case of customer-specific / individual orders, the client receives a written offer / contract from Creative Skyline after consultation. The order confirmation can be given orally or in writing by the client, whereby the contract is concluded.
§ 2.5 Terms of payment / prices
§ 2.5.1 Invoices from Creative Skyline are to be paid by the customer no later than 14 days after the invoice date without deductions.
§ 2.5.2 If, despite a reminder, the customer does not meet his payment obligation within a further grace period of 10 days, Creative Skyline is entitled to terminate the contract without notice.
§ 2.5.3 The customer has to pay Creative Skyline the additional costs incurred due to his culpable behavior for payment processes, e.g. B. to reimburse return debits for credit card payments or electronic direct debit.
§ 2.5.4 If the payment of an invoice by direct debit has been agreed with the customer and bills, regardless of whether they are different or the same, cannot be successfully collected twice in a row, the customer is excluded from payment by direct debit. His payments can then only be made by bank transfer. In addition, the customer has to reimburse Creative Skyline for all costs caused by the return debits. In this case, Creative Skyline also reserves the right to demand all payments due up to the point in time of the extension of the contract (s) of the customer immediately and with a sum. Creative Skyline reserves the right to withhold its services in full until all outstanding claims of the customer have been settled in full.
§ 2.5.5 Unless otherwise stated in the offer, the customer has to pay the respective amount for the use of the Creative Skyline services in advance. The same applies if the usage contract is extended.
§ 2.6 Contract duration / termination
§ 2.6.1 Creative Skyline is not obliged to inform the customer again of the end of the contract before the end of the notice period.
§ 2.6.2 Creative Skyline does not save any data after cancellation or deactivation.
§ 2.6.3 The text form must be kept for the termination of the contract. We ask that you state the name of the customer, the email address and the contract that is to be terminated in the termination. We recommend canceling via the customer area. This ensures problem-free assignment and the fastest possible processing of the termination. If the customer cancels a domain, he should indicate in the cancellation whether the domain should be transferred to another provider, deleted immediately or expire at the end of the contract.
§ 2.6.4 Creative Skyline has the right to terminate the contract with the customer if the customer is in default of payment.
§ 2.6.5 Creative Skyline behält sich das Recht vor, einen Zugang zu sperren oder ein gesamtes Paket zu kündigen, sofern eine der folgenden Situationen eintritt: Virusbefall, Brute-Force-Attacke, Hackerangriff, Gesetzesverstoß.
§ 2.7 Service description
§ 2.7.1 The acceptance of the customer's order by Creative Skyline takes place through the allocation of the access data for the ordered product. Upon acceptance, a contract is concluded between the customer and Creative Skyline for the use of Creative Skyline services. The IP addresses required to operate the services provided remain in the possession of Creative Skyline and may be changed by them at any time.
§ 2.7.2 So-called log files are stored on the customer's storage space to generate statistics. The log files consume part of the storage space made available and can therefore be deleted by Creative Skyline at appropriate intervals to be determined by Creative Skyline. The customer can call up the log files from the server if required. An evaluation of the log files is carried out by Creative Skyline only for the purpose of providing the customer with centrally prepared and condensed statistics based on customer information. Any further storage and use by Creative Skyline is excluded. The customer is not entitled to delete or modify these log files. IP addresses in log files can be anonymized by Creative Skyline.
§ 2.7.3 Creative Skyline has the right to terminate the contract with the customer for an important reason if the customer culpably violates the obligations incumbent on him in these terms and conditions.
§ 2.7.4 Creative Skyline indicates the guaranteed availability of the services as a percentage of the annual mean. It is based on the tariff shown in the currently applicable and current list of prices and services. This excludes in particular times when the web server cannot be reached via the Internet due to technical or other problems that are beyond the control of Creative Skyline (e.g. force majeure, fault of a third party, etc.). Creative Skyline is only responsible for availability insofar as the non-availability is due to the part of the network operated by it or the web server itself.
§ 3 Partial invalidity
If these conditions contain an ineffective regulation, all the others apply nonetheless. The ineffective regulation is to be replaced by an effective one that comes closest to the economic purpose of the wording in question.