General terms and conditions
§1 Scope of application
The Bluhm Webservices offer is aimed at business people. No contracts are concluded between Bluhm Webservices and private individuals.
Bluhm Webservices provides all services exclusively on the basis of these General Terms and Conditions. Bluhm Webservices is entitled to amend or supplement the General Terms and Conditions at any time. As a customer, you naturally have the right to object to these changes. However, if you do not do so within 14 days of receipt, the changes will be considered effective.
§2 Conclusion of contract
Offers and telephone information from Bluhm Webservices are subject to change without notice. Orders are accepted in writing or by e-mail.
The customer’s contractual partner is the Bluhm Webservices Unternehmergesellschaft (limited liability). The products offered on our website are subject to change without notice and merely represent a non-binding invitation to the customer to order these products & services. We reserve the right to make reasonable technical and other changes. Articles can be selected from this product range, marked in the shopping cart and then ordered. Before sending your order, you as a customer have the opportunity to check all details (e.g. item description, item quantity, name, address, payment method) once again and to change them if necessary. Only by clicking the button „Buy now“ you submit a binding offer to conclude a purchase contract. The order will be confirmed promptly by e-mail. This confirmation of receipt does not yet represent an acceptance of the offer. A sales contract is only concluded when you receive a confirmation from email@example.com.
You are free to print out our General Terms and Conditions or save them on a data carrier.
§3 Scope of services
To provide its services, Bluhm Webservices is dependent on infrastructures that are operated by third parties and over which Bluhm Webservices has no influence. This may result in disruptions or impairments that are beyond the control of Bluhm Webservices, in particular Internet disruptions or force majeure.
Bluhm Webservices guarantees an availability of 99.9% per year of the services and performances offered via the Internet. Availability is given when the servers and services are essentially operational. The following circumstances are not deemed to be operational disruptions:
- Interruptions in availability due to disruptions have no influence on Bluhm Webservices.
- force majeure
- short-term interruptions of operations which are necessary to counteract hazards preventively or correctively. (e.g. through updates & upgrades)
To maintain performance, Bluhm Webservices carries out regular maintenance and service work. In the event of service failures, Bluhm Webservices will, if possible, schedule these during periods of low capacity utilisation and inform you in advance by e-mail.
§5 Shipping & Shipping costs
Delivery dates or periods, which can be agreed upon binding or non-binding, must be in writing. We shall not be responsible for delays in delivery and performance due to force majeure and due to events which make delivery considerably more difficult or impossible for us – this also includes subsequently occurring difficulties in procuring materials, official orders, operational disruptions, strikes, lack of means of transport, even if they occur at our suppliers or their sub-suppliers, even in the case of bindingly agreed deadlines and dates. In the event of non-compliance with bindingly agreed periods and dates, you as a customer are entitled to compensation for delay in the amount of 0.5% for each completed week of delay. In total, however, not more than 5 % of the invoice value of the deliveries and services affected by the delay. Any further claims are excluded unless the delay is due to intent or gross negligence on our part. We are entitled to make partial deliveries and render partial services.
The ordered service will be delivered within 1 – 4 working days after receipt of payment. For digital products and services that are transmitted electronically, there are no shipping costs for you. Your legal claims remain unaffected.
§6 Duties of the customer
The customer is obliged to provide correct and complete personal data upon registration and to notify Bluhm Web Services of any changes to this data without delay.
To cooperate in registering a domain with the responsible NIC (network information center) if necessary.
The customer must change the access data provided to him after receipt. Third parties may not gain access to these data. The customer is responsible for any misuse of his access data by third parties if he is at fault.
When using the services provided by Bluhm Webservices, the customer undertakes to comply with the relevant legal regulations and to refrain from taking any measures that could lead to a disruption in the operation of the Bluhm Webservices servers. The following actions in particular are prohibited:
- mass sending of emails (spam)
- Depositing and making available data and material of a pornographic, commercial erotic nature and material protected by copyright, which the user is not entitled to distribute.
- Operation of „mining services“ for crypto currencies
- Provision and processing of data and material with left-wing or right-wing extremist content or offensive character, terrorism and acts of violence
- Operation of server services that cause a particularly high computer load.
- The customer is aware that Bluhm Webservices does not check the content he has deposited, but is himself responsible for the legality of this content.
- Bluhm Webservices is entitled to temporarily block the services provided for the customer if the customer violates the aforementioned duties of conduct or if there is a corresponding, concrete suspicion. This is particularly the case if third parties demand, stating reasons, that the customer cease and desist from the actions undertaken by the customer and these reasons are not obviously incorrect, or in the case of investigations by state authorities. As far as possible, Bluhm Webservices will listen to the customer before blocking; if this is not possible in an individual case due to special urgency, Bluhm Webservices will inform the customer subsequently and give him the opportunity to comment. The block is to be lifted as soon as the suspicion is invalidated or Bluhm Webservices can terminate the contract for exceptional reasons due to identified violations.
Despite all due care, malfunctions in technical equipment are still possible. Should the customer discover such a malfunction in the Bluhm Webservices equipment used by him, he will inform Bluhm Webservices of the malfunction immediately and with meaningful information.
§7 Warranty and liability
By placing an order on our site, you agree that we are authorized to send you your invoice as an electronic invoice (invoice that is in an electronic format such as a PDF document) by e-mail.
Bluhm Webservices is not liable for damages, consequential damages or loss of profit due to malfunctions and technical problems in technical systems that are beyond the control of Bluhm Webservices. Bluhm Webservices is also not liable for damages resulting from the breach of the customer’s contractual obligations, in particular the obligation to secure the stored data.
Liability without fault is excluded for defects in the storage space provided that were already present when the contract was concluded.
Bluhm Webservices is only liable for gross negligence or intent. This does not apply to the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely. In the event of non-compliance with the minimum availability, Bluhm Webservices is liable for each service purchased up to a maximum amount corresponding to the monthly rent for the service affected by the non-compliance. In the event of a slightly negligent breach of a material contractual obligation, Bluhm Webservices is liable for itself or a vicarious agent only for typical damages that were foreseeable at the time the contract was concluded.
The customer is liable for all direct and indirect damages (including lost profits) incurred by Bluhm Webservices due to a breach of contractual obligations under No. 5 of these GTC.
The customer undertakes to indemnify Bluhm Web Services from claims of any kind by third parties arising from the illegality of content that the customer has stored on the storage space provided to him. This indemnification claim also includes legal defence costs incurred by Bluhm Webservices (e.g. court and legal fees).
Bluhm Webservices has no influence on the registration of a domain and is not liable for its success.
§8 Final provisions
German law applies.
The place of performance and jurisdiction for all disputes between the parties is Hanover.
Changes to contractual agreements must be made in writing.
§9 Settlement of disputes
Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.