Terms and conditions

Please send complaints to 4Unit Systems Integration GmbH, represented by the owner Nurhan Akkoyun, Jahnstr. 36, 34582 Borken-Hesse. The contract is concluded with the declaration of acceptance by 4Unit Systems Integration GmbH or the use of the service by the customer and is concluded for the minimum term specified in the contract.

End users can cancel the contract within two weeks of receipt of the declaration of acceptance by notifying 4Unit Systems Integration GmbH, Jahnstr. 36, 34582 Borken-Hessen. The right of withdrawal does not apply if 4Unit Systems Integration GmbH begins to perform the service after the contractually agreed starting point or if the end user actively uses the service.

In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you cannot return the received service in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. This can mean that you still have to meet the contractual payment obligations for the period up to the revocation. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection – as it would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if you were your own property and by refraining from anything that could impair its value. You do not have to pay compensation for a deterioration caused by the intended use of the item. Dispatchable goods are returned at our expense and risk. Items that cannot be sent as a parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.

Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your request before you have exercised your right of withdrawal. The above right of withdrawal does not apply if the legal transaction can be attributed to your commercial or professional activity and / or you have concluded the contract in a shop.

(1) 4Unit Systems Integration GmbH, Jahnstr. 36, 34582 Borken (hereinafter referred to as the provider) provides its services exclusively for business relationships, even if they are not expressly agreed again.

(2) Deviations from these terms and conditions are only effective if the provider confirms them in writing. The waiver of this written form clause must also be made in writing.

(3) The provider is entitled to change or add to these general terms and conditions at any time. The customer has the right to object to such a change. If the customer does not object to the changed conditions within 6 weeks after receipt of the notification of change, these will take effect according to the announcement. At the beginning of the period, the provider specifically informs its customers in writing or via email that the notification of change is considered accepted if the customer does not object to it within 6 weeks.

(4) The provider reserves the right to change its general terms and conditions for telecommunications services in deviation from Paragraph 3 in accordance with Section 28 of the Telecommunications Customer Protection Ordinance (TKV) in conjunction with Section 23 Paragraph 2 No. 1a of the General Terms and Conditions Act (AGBG) to change.

(1) The provider guarantees an accessibility of its internet infrastructure of 98.5% on an annual average. Excluded from this are times in which the availability is due to technical or other problems that are beyond the control of the provider (force majeure, fault of third parties etc.).

(2) Insofar as the provider provides additional services free of charge, the customer has no claim to performance. The provider is authorized to discontinue or change such previously free of charge services within a period of 24 hours or to offer them only for a fee. In this case, the provider informs the customer immediately.

(3) Unless expressly agreed in writing with the customer, the provider does not grant the customer any free technical support. Support is provided on weekdays via email and telephone within normal office hours. The provider does not provide direct support for customers of the customer unless otherwise agreed in writing.

(4) Unless expressly agreed otherwise, the provider may also have the services incumbent on him performed by competent employees or third parties.

(5) 4Unit Systems Integration GmbH regularly carries out maintenance work on its systems to ensure the security of network operations, the maintenance of network integrity, the interoperability of services and data protection. For this purpose, it can temporarily suspend or limit its services, taking into account the interests of the customer, insofar as objective reasons justify this. 4Unit Systems Integration GmbH will, as far as possible, carry out the maintenance work in times of low usage. Should longer, temporary service suspensions or restrictions be necessary, 4Unit Systems Integration GmbH will inform the customer beforehand about the type, extent and duration of the impairment, as far as this is objectively possible under the circumstances and the notification would not delay the elimination of interruptions that have already occurred.

(6) If fixed IP addresses are made available, 4Unit Systems Integration GmbH reserves the right to change the IP address assigned to the customer if this is necessary for technical or legal reasons.

(7) As far as necessary and reasonable, the customer will participate in a change, e.g. by re-entering access data or simply changing his systems.

(1) If the customer has a domain registered via the provider, the contract is concluded exclusively between the customer and the respective registration office; the provider only acts as the customer’s representative. The conditions of the respective registry apply.

(a) The above regulation also applies to the registration fees of other registration offices, unless the provider indicates a different regulation when concluding the contract.

(2) The provider has no influence on the domain allocation. He therefore does not guarantee that the domains requested for the customer can be assigned (delegated) at all and that they are free of third party rights or that they will last in the long term. This also applies to the subdomains assigned under the provider’s domain.

(3) If the customer is requested by a third party to give up an Internet domain because it allegedly violates third-party rights, he will inform the provider immediately. In such a case, the provider is entitled to waive the internet domain on behalf of the customer if the customer does not immediately provide sufficient security for any legal and legal costs (at least € 10,000.00 in words: ten thousand euros).

(4) The customer hereby releases the provider from claims for compensation by third parties based on the inadmissible use of an Internet domain.

(5) If the data to be provided for a domain according to the respective registration conditions prove to be incorrect and 4Unit Systems Integration GmbH cannot contact the customer using the data provided, 4Unit Systems Integration GmbH can have the domain deleted.

(6) Alternatively, 4Unit Systems Integration GmbH is entitled to a special right of termination with a notice period of three weeks if the traffic is exceeded.

(7) The customer takes care not to exceed the quantity-limited inclusive services, unless an excess has been contractually agreed. If 4Unit Systems Integration GmbH determines that the traffic volume of a customer of a web hosting package exceeds the scope provided for the corresponding contractual relationship by more than 10 percent in one month, it will inform the customer of this. It can then offer the customer to conclude the next higher contractual relationship (e.g. a higher-quality web hosting package) with a correspondingly higher traffic volume. If an offer to change to the next higher contractual relationship is rejected by the customer, 4Unit Systems Integration GmbH can terminate the contractual relationship with two weeks’ notice.

(1) The customer may not violate legal prohibitions, morality and the rights of third parties (trademarks, naming rights, copyrights, data protection rights, etc.) through the Internet presence or the banners displayed there. In particular, the customer undertakes not to offer or have offered any pornographic content or any profit-making services that have pornographic and / or erotic content (e.g. nude pictures, peep shows, etc.) as the subject matter. This also applies if such content is made accessible through hyperlinks or other connections that the customer places on third party sites. The customer may not enter his Internet presence in search engines if the customer violates legal prohibitions, common decency and the rights of third parties by using key words in the entry. For each case of violation of the above obligation, the customer promises to pay a contractual penalty of € 10,000.00 (in words: ten thousand euros), excluding the assumption of a continuation context. In the event of a breach of one of the aforementioned obligations, the provider is also entitled to discontinue its services with immediate effect.

(2) The regulation made in § 4 paragraph 1 sentence 2 (pornography / erotic) does not apply to servers that are available to the customer for sole use (dedicated or co-located servers).

(1) The customer will create daily backup copies of his internet presence, which may not be saved on the web server itself, in order to guarantee a quick and inexpensive restoration of the internet presence in the event of a system failure.

(2) The customer assures that the data provided by him are correct and complete. He undertakes to inform the provider immediately of any changes to the communicated data and to reconfirm the current accuracy within 15 days of receipt upon request by the provider. This applies in particular to the name, postal address, email address and telephone and fax number of the customer.

(3) The customer has to retrieve incoming messages in his POP3 e-mail accounts at regular intervals. The provider reserves the right to delete personal messages received for the customer, unless they have been retrieved by him within four weeks of receipt on the mail server. The provider also reserves the right to send incoming personal messages back to the sender for the customer if the capacity limits provided for in the respective tariffs are exceeded.

(4) The customer undertakes to keep the passwords received from the provider for the purpose of access to their services strictly secret and to inform the provider immediately as soon as he becomes aware that the password is known to unauthorized third parties.

(5) When designing his Internet presence, the customer undertakes to refrain from using technologies that cause excessive use of the provider’s facilities, in particular CGI and PHP scripts. The provider can exclude internet presences with these technologies from access by third parties until the customer has eliminated / deactivated the technologies. This does not apply to servers that are available to the customer for sole use (dedicated or co-located servers).

(6) If the data transfer volume (traffic) attributable to the customer’s offer reaches or exceeds the maximum amount agreed with the customer for the respective month, the provider will invoice the customer for the excess volume in accordance with the current price list.

(7) The customer further undertakes not to use the resources provided by the provider for the following actions:

(a) unauthorized entry into other computer systems (hacking);

(b) Obstruction of third-party computer systems by sending / forwarding data streams and / or emails (spam / mail bombing),

(c) Search for open access to computer systems (port scanning);

(d) Sending e-mails to third parties for advertising purposes, provided that the recipient cannot assume that the recipient has an interest in this (e.g. following a request or a previous business relationship);

(e) falsifying IP addresses, mail and news headers and spreading viruses. If the customer violates one or more of the obligations mentioned, the provider is entitled to immediately discontinue all services. We expressly reserve the right to claim damages.

(1) If none of the contracting parties requests a formal acceptance, or if the acceptance date requested by one of the parties does not come about due to a circumstance for which the customer is responsible, the contractual service provided by the provider shall be deemed to have been accepted when the customer uses it.

(2) The entire delivered goods remain the property of the provider until the purchase price has been paid in full. If the customer is in default of payment, the provider can, without prejudice to other rights, take back the delivered goods to secure his rights, if it has announced this to the customer and given him a reasonable grace period.

(3) Surrender of use (in whole or in part) to anonymous third parties is prohibited.

(1) The deadlines for the proper termination of both parties result from the offer made by the provider.

(2) The right of both parties to terminate for good cause remains unaffected. An important reason for the provider is in particular if the customer

(a) is in arrears with the payment of the fees in the amount of two monthly basic fees;

(b) culpably violates one of the obligations set out in §§ 4 Paragraph 1, 5 Paragraph 4, 5 Paragraph 5, 5 Paragraph 6, who

In spite of a warning, the customer has not redesigned his website within a reasonable period of time in such a way that it meets the requirements set out in Section 5 (5).

(3) If the customer has not placed his domain in the maintenance of another provider by the termination date at the latest, the provider is entitled to release the domain on behalf of the customer or to return the domain to the respective registration office. A restore of the domain is possible 30 days after cancellation, for which costs for restore and administration costs in the amount of € 199 per domain.

(4) Any notice of termination must be made in writing by registered post in order to be effective.

(1) The fees agreed in this order will be debited monthly in advance by the contractor within the first calendar week by direct debit from the customer’s account. Setup fees and pro rata fees due to the conclusion of a contract, contract amendment or similar cases will be debited immediately from the customer’s account by direct debit. The customer must ensure that his account has sufficient funds in the debit period. If the contractor incurs costs as a result of the bank’s refusal to pay, the customer will reimburse them immediately upon request.

(2) In the event that the customer does not meet his payment obligation on time, he owes – if he is a registered trader – additional interest of 10% annually from the due date. If the customer is in arrears with his due payments for more than 30 days, the provider is entitled to terminate the contract without notice.

(3) If the customer is a non-merchant, he owes interest of 10% annually in the event of default, unless he can prove a significantly lower interest loss.

(4) If the contract is concluded for an indefinite period, the provider is entitled to increase prices at any time. If the price increase is significantly higher than the increase in the general cost of living, the customer has an extraordinary right of termination for the time the new prices come into effect. If the customer does not exercise the right of termination, the contract will be continued with the new conditions.

(5) The provider is entitled to activate a domain only after payment of the fees agreed for the registration.

(6) The customer can only offset claims from the provider with uncontested or legally established claims. The same applies to the assertion of a right of retention and the objection in accordance with Section 639 (1) BGB and Section 478 (1) BGB.

(7) After receiving the order confirmation, you have 3 days to cancel the order; after 3 days, cancellation costs amounting to 75 percent of the order value are incurred. All positions are calculated according to the actual effort. Any additional purchase graphics or videos required will be charged extra. Deviations in invoicing are therefore possible. Any additional work will be discussed with the client before it is carried out.

(1) The customer expressly assures that the provision and publication of the content of the websites posted by him and / or created for him by the provider according to his information does not violate German law or his home law, which may differ from this, in particular copyright, data protection and competition law , violates. The provider reserves the right to exclude pages that appear questionable in terms of content from being saved on its server. He will inform the provider immediately of any deletion of the pages. The same applies if the provider is requested by a third party to change or delete content on its website because it allegedly violates third-party rights.

(2) In the event that the customer can provide evidence that a violation of third party rights is not to be feared, the provider will make the affected websites available to third parties again. The customer hereby releases the provider from third party claims for compensation based on inadmissible content on a customer’s website.

(1) Insofar as the provider designs Internet presences for the customer or on behalf of the customer, he grants the customer a non-exclusive right of use to the pages created for the duration of the contractual relationship. After termination of the contractual relationship, the complete right of use is transferred to the provider.

(2) If the provider makes software available to the customer (e.g. operating systems, shop software), it grants the customer a non-exclusive right for the duration of the contract. Otherwise, the license terms of the respective program manufacturer apply.

(3) As soon as the customer’s right of use ends (e.g. through termination of the contract), the customer must return all data carriers with programs, any copies as well as all written documentation and advertising aids to the provider. The customer deletes the software in any form from his or rented computers, unless he is legally obliged to store it for a longer period of time.

(1) The provider is entitled to replace technical systems and / or parts thereof or to make technical changes. Exchanged items become the property of the provider.

(2) The customer must inspect rented or delivered goods immediately after their delivery for any defects, quantity deviations or incorrect delivery. He must notify in writing immediately after discovery of a provision or delivery that is defective in whole or in part. Any deficiencies must also be clearly documented, in particular by logging displayed error messages. Before reporting the defect, the customer is obliged to first carry out a problem analysis and troubleshooting in accordance with the user manual or other documentation provided by the provider for this purpose. The notice period for defects that were recognizable during the careful inspection required by the type of goods is a maximum of one week. Other defects are to be reported immediately after their discovery. If the customer is a merchant and if he fails to report the defect immediately, in due time or in due form, the goods shall be deemed approved in view of these defects.

(3) If a properly filed notice of defects is justified, the provider will deliver a replacement free of charge. The provider is entitled, at his option, to repair defects instead of delivering replacement goods. The provider is obliged to exercise his option no later than 10 days after receipt of the notification of defects by the provider. Otherwise the right to choose is transferred to the customer. If the repair or replacement delivery fails, the customer is entitled, at his option, to cancel (change) the contract or demand a corresponding reduction in the agreed price (reduction).

(4) As part of the warranty, the customer may have to adopt a new program / development status, unless this leads to inappropriate adjustment and conversion problems for him.

(5) The customer has to support the provider to the best of his ability in remedying a possible defect. Before troubleshooting, in particular before replacing a machine, the customer must completely back up programs, data and data carriers and, if necessary, remove them.

(6) The provider points out that, according to the current state of technology, it is not possible to create hardware and software in such a way that it works without errors in all application combinations or can be protected against manipulation by third parties. The provider does not guarantee that the hardware and software used or provided by the provider meet the customer’s requirements, that it is suitable for certain applications, and that it is free of crashes, errors and viruses. The provider only guarantees the customer that the hardware and software used or provided by the provider will function essentially in accordance with the manufacturer’s specifications at the time of transfer, under normal operating conditions and with normal maintenance. The provider does not accept any liability for known errors on the part of the manufacturer.

(1) Insofar as the customer is an entrepreneur, a legal entity under public law or a special fund under public law, liability is limited to the sum of the contractual fees paid by the customer for the period of two years before, except in the case of intent and gross negligence The occurrence of the damaging event has paid to 4Unit Systems Integration GmbH within the framework of the specific contractual relationship.

(1) Pursuant to Section 33 BDSG, the provider points out that personal data (inventory data) and other information relating to his usage behavior (connection data) (e.g. time, number and duration of connections, access passwords, uploads and downloads) are provided by the provider are stored for the duration of the contractual relationship, insofar as this is necessary to fulfill the purpose of the contract, in particular for billing purposes. The customer agrees to the storage. The provider also processes and uses the collected inventory data to advise its customers, for advertising and for market research for its own purposes and to tailor its services to requirements. The customer can object to such use of his data.

(2) The provider undertakes to provide the customer with complete and free information about the stored data on request at any time. The provider will not forward this data or the content of private messages from the customer to third parties without the customer’s consent. This only does not apply to the extent that the provider is legally obliged to disclose such data to third parties, in particular government agencies, or to the extent that internationally recognized technical standards provide for this and the customer does not object.

(3) The provider expressly points out to the customer that data protection for data transmissions in open networks such as the Internet cannot be comprehensively guaranteed according to the current state of the art. The customer knows that the provider can view the pages stored on the web server and, under certain circumstances, other customer data stored there at any time from a technical point of view. Other participants in the Internet may also be technically able to intervene in the network security without authorization and to control the message traffic. The customer is therefore responsible for the security of the data he transmits to the Internet.

The customer undertakes to exempt the provider from all possible third-party claims based on illegal actions by the customer or errors in the information provided by the customer. This applies in particular to copyright, data protection and competition law violations.

(1) The law of the Federal Republic of Germany applies.

(2) If the customer is a registered trader, the local courts responsible for the provider’s registered office have exclusive jurisdiction. The provider can also take legal action against the customer at his place of residence or business.

(1) All declarations by the provider can be sent to the customer electronically. This also applies to billing within the framework of the contractual relationship.

(2) If another company takes over the activities of the provider and this company offers the customer a contract that corresponds to a contract concluded with the provider, the provider can terminate the existing contract without notice.

(3) Should a provision of this contract be or become ineffective or should the contract contain a loophole that needs to be filled, this does not affect the effectiveness of the remaining provisions. The ineffective provision or the loophole is replaced by a provision which comes close to the economic purpose of the agreement and which would have been agreed by the parties if they had known the ineffectiveness of the provision.