General terms and conditions
§ 1 Scope of Application, Cooperation
1.1 These Terms and Conditions, in short GTC, apply to all services provided by Karsten Geyer, trading as Fishnet Services, Am Sandtorkai 39, 20457 Hamburg in the following "Fishnet Services", provides services for you as a customer. Our services are aimed exclusively at customers who act as entrepreneurs within the meaning of § 14 BGB.
1.2 Our General Terms and Conditions shall apply exclusively to the cooperation; other terms and conditions shall not become part of the contract, even if Fishnet Services does not expressly object to them.
1.3 If required, Fishnet Services shall engage subcontractors for the performance of services. In this case, however, the business relationship shall also be between Fishnet Services and you, unless otherwise agreed.
1.4 When ordering, please pay attention to which language versions you need in your store or for your modules. Unless otherwise agreed, you will only receive a German language version. This also applies if you have already ordered other language versions in the past.
§ 2 Software
2.1 For individually created scripts and software you receive, unless otherwise agreed in writing, a simple right of use and only an encrypted, German language version without instructions, manual, source code or original files. You may not sub-license, rent or otherwise provide these scripts and software to third parties for use for a limited period of time, edit them, decompile or decrypt them or reverse engineer them.
2.2 When using open source software, the respective licence conditions, such as the GNU General Public Licence, apply to your rights of use.
2.3 The scripts ("modules") offered by Fishnet Services include the service of installation, but not setup, unless otherwise agreed. Modules are in principle not sent to you for self-installation. Unless expressly agreed otherwise in writing, the price does not include documentation of any kind. However, changed files will be renamed instead of overwritten by Fishnet Services and all code changes will be commented, unless it is a shop update or upgrade or a shop that has been connected to the programming platform "Github". In the latter case, you can view the changes and comments there.
2.4 The scripts offered are only suitable for the shop systems named in the offer with the standard template as with the original download of the shop system.
2.5 Scripts and software are delivered in such a way that they can be displayed and run with the most common current smartphones, browser versions and screen sizes. Possible errors in the display with different smartphones, browser versions or screen sizes do not represent a defect.
§ 3 Design
3.1 You receive a simple right of use in connection with the agreed shop for all purchased design elements. The publication or use of these design elements in other environments (such as social media) is not permitted unless otherwise expressly agreed.
3.2 For an individually created design, unless otherwise agreed in writing, you receive an exclusive right of use, which also includes use in social networks. Fishnet Services will be named as the originator of the design.
3.3 Design work will in principle only be delivered for web presences, unless you have ordered print design in writing. This distinction is important because web designs are not suitable for printing.
3.4 You will calculate and pay any contributions to the artists' social security fund that are due for design work.
§ 4 Hosting
4.1 Fishnet Services provides you, the customer, with a web hosting package for the duration of the contract in accordance with the tariff you have selected on shopbetreuung.com and enables you to manage and edit your internet presence. You can order domains by webshop, e-mail, fax or letter. The current price on shopbetreuung.com for the respective domain extension applies.
4.2 Fishnet Services
for the desired domain on behalf of the customer for registration with the registry and makes all necessary declarations there on your behalf. The registration contract is concluded directly between you and the registry. The various top-level domains (TLDs) are allocated and administered by a large number of different registries. Each of the different TLDs has its own terms and conditions for registration and administration. In addition to these Terms and Conditions of Fishnet Services, the relevant registration conditions and guidelines for the TLD to be registered shall therefore apply, which can be accessed on the website of the relevant registry.
Fishnet Services does not guarantee that the domain requested and ordered by you will be allocated and/or that the allocated domain is free of third-party rights or will last permanently. Information by e-mail or by telephone that a particular domain is still available is only provided on the basis of a database query and only relates to the time at which the information is obtained.The domain is not
allocated until it has actually been registered and entered in the registry's database.
4.5 You are solely responsible for the domain itself as well as for all content that you store on the web server, keep retrievable and for the electronic communication that you conduct viathe web server.
In the event that your Internet presence constitutes a telemedia service (e.g. a web shop), you must fulfil the corresponding legal obligations.
In addition, you will comply with the requirements of the applicable data protection laws insofar as you process personal data yourself or have such data processed.
4.6. The servers may not be used by you as a customer to send unsolicited advertising, newsletters, threatening or harassing messages to third parties or to make corresponding calls or to make available content that is illegal or racist, incites hatred or violence or otherwise violates the law. The posting of pornographic, extremist or immoral content is prohibited. In the event of non-compliance or a justified suspicion of a violation, Fishnet Services is entitled to block access.
4.7 Fishnet Services may reject e-mails sent to its customers on the basis of objective criteria if facts justify the assumption that an e-mail contains harmful code (computer viruses, worms or Trojans, etc.), if sender information is false or concealed or if it is unsolicited or concealed commercial communication. For your own protection, you can activate and set a spam filter in your customer area.
4.8 Moderation and restriction of content
The provider reserves the right to take measures to moderate and restrict content that the customer makes available to it in connection with the use of its service. In this respect, reference is made to the provider's information on the moderation and restriction of content, which can be viewed here:
§ 5 Prices, payment, due date and default
5.1 All prices quoted are net prices and are subject to the applicable value added tax.
5.2 All services are invoiced as follows, unless otherwise agreed: Services under a service contract shall be invoiced on a time basis (per quarter hour or part thereof) upon completion or, in the case of longer work, on a monthly basis. Unless otherwise agreed, all work services shall be paid for as follows: In the case of lump sum prices, one third of the gross sum when the order is placed, one third within 3 working days after the start of the work, one third after the end of the work. In the absence of a lump sum price agreement, the service shall be invoiced after completion of the work. In order to safeguard against credit risk, Fishnet Services reserves the right to conduct a credit check / company report on the customer.
The current hourly rate according to the price list on www.shopbetreuung.com shall apply.
5.3 This calculation of the time spent shall also apply to telephone consultations or communication with third parties carried out on behalf of the customer. An initial consultation with general information on the services of Fishnet Services is excluded.
Fishnet Services will pass on to the customer any expenses incurred as a result of the customer order, e.g. telephone charges, postage, etc., without any surcharge.
5.4 All monthly or annual hosting costs will be invoiced in advance in each case. Web space fees shall be collected on the 15th of the current hosting month, domain fees on the actual booking date or in subsequent years on the same date from a bank account to be named by the customer, unless otherwise agreed in writing.
5.5 All invoices of Fishnet Services are payable within 14 days of the invoice date.
5.6 The right to use the designs, software, scripts etc. created shall not pass to you until payment has been made in full. If you are in default with a payment, Fishnet Services may withdraw the right of use for the service concerned until payment has been made in full. Fishnet Services will notify you in writing or in text form of the withdrawal of the right of use.
The statutory interest on arrears shall apply to all overdue invoices.
§ 6 Duty of the customer to cooperate
6.1 You shall provide Fishnet Services with all documents, information and materials required for the performance of the service and shall make all necessary decisions in a timely manner.
6.2 You shall inspect and release or accept completed work services within seven working days of handover. You will also notify Fishnet Services of any defects within this period.
6.3 If required, you will grant Fishnet Services remote access to your IT system or to the services provided by Fishnet Services.
6.4 You are responsible for backing up your data.
Your data backup should be based on industry standards and should take place at least daily.
§ 7 Warranty
7.1 There is no warranty for services.
7.2 For hosting services the following applies: Fishnet Services guarantees you an availability of the web server of 99.9% per year, measured at the output of the data centre. Maintenance windows for necessary update and repair work as well as failures that are not within the sphere of influence of the web server or Fishnet Services (such as, in particular, problems of the telecommunication providers, force majeure, fault of third parties such as hacker attacks, etc.) shall not be considered downtimes.
7.3 For services under a contract for work and services, the statutory provisions shall apply with the following modification: The warranty period shall be 12 months from handover of the work. You shall notify Fishnet Services immediately in writing or in text form of any defect occurring, describing the defect in sufficient detail to enable Fishnet Services to trace it. Defects will be remedied by Fishnet Services through subsequent performance. Only if the supplementary performance has failed for the second time, you can reduce the contract. In the case of serious defects, you are then also entitled to withdraw from the contract. Self-performance and the right to claim damages are excluded in any case. If the cause of a reported defect is attributable to circumstances for which you or a third party are responsible (such as operating errors or interference by third parties), Fishnet Services is entitled to charge for the work expended to rectify the defect / error. If you request that warranty work be carried out at a location determined by you, any additional working time incurred for this purpose as well as travel costs will be invoiced at the usual hourly rates.
7.4 Changes in the IT infrastructure such as browser updates, new php versions, or other external influences may trigger errors in the store systems or other services of Fishnet Services. Fishnet Services is not liable for such external influences. In consultation, Fishnet Services will support you in troubleshooting.
§ 8 Termination
8.1 The minimum contract term and the period of notice for the respective hosting or domain contract can be found in the details for the respective contract at "www.shopbetreuung.com". The notice period applies to both you and Fishnet Services. In addition, the contract can only be terminated extraordinarily for good cause. Good cause for Fishnet Services exists if you are in arrears with the payment of your hosting or domain contract corresponding to a pro rata amount of at least three months. In the event of termination, Fishnet Services may block the web server and / or domain and return it to the registrar. Fishnet Services will inform you of this impending consequence in writing or in text form prior to termination.
8.2 In the event of ordinary termination, you should migrate your content to another web server within the notice period. Fishnet Services can assist you with this if necessary.
8.3 Fishnet Services reserves the right to refuse or cancel orders for pages or providers that are racist, inflammatory or defamatory.
§ 9 Liability
9.1 Fishnet Services excludes liability for slightly negligent breaches of duty, unless damages from injury to life, body or health or guarantees are concerned or claims according to the Product Liability Act are affected. Furthermore, liability for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and the observance of which the customer may regularly rely on (cardinal obligations), shall remain unaffected, but shall be limited to the damage foreseeable at the time of the breach of contract.
The same applies to breaches of duty by Fishnet Services' vicarious agents.
9.2 As the customer, you are responsible for all content, data, images, etc. that you bring in and the right to publish, use, exploit, etc. these yourself. Fishnet Services is not responsible for checking this content and its use.
9.3 Software published under open source licenses such as GPL is delivered "as is". Fishnet Services does not grant any warranty for this.
§ 10 Data Protection
The parties shall adhere to all applicable data protection regulations and conclude a data processing agreement (e.g. for web hosting) if required.
§ 11 Miscellaneous
11.1 Should individual provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
11.2 In addition to these provisions, the law of the Federal Republic of Germany shall apply.
11.3 The place of performance and jurisdiction is Hamburg.
as of: May 2023