General terms and conditions and customer information

        

I. General terms and conditions

      
    
  
  
    
      
        

§ 1 basic provisions

        

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Dominik Kriehuber) via the website www.gametive.eu or via other means of remote communication. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.

        

(2) Consumers within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.

                 

§ 2 Conclusion of the contract for internet services

        

(1) We provide you with internet services, in particular web hosting, server hosting and domains. The scope of services results from the service package you have booked and the service description given on our website.

(2) Already with the posting of the respective service offer on our website we submit you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the service description.

(3) The contract is concluded via the online shopping cart system as follows: The services intended for booking are configured and stored in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page, you enter your personal data and the terms of payment. Finally, all order data is displayed here as an order overview. Before submitting the order, you have the option of reviewing all the information here again, changing it (also using the "back" function of the Internet browser) or canceling the order. By submitting the order using the button "Order with costs" you declare legally binding acceptance of the offer, which results in the conclusion of the contract.

(4) Your inquiries regarding the creation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless otherwise stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

                          

§ 3 Conclusion of the contract for download products

        

(1) The object of the contract is the delivery of digital content not on a physical data carrier, hereinafter referred to as "download products".

        

(2) Already with the placement of the respective download product on our website we submit you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the article description.

        

(3) The contract is concluded via the online shopping cart system as follows: The download products intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page, you enter your personal data and the terms of payment. Finally, all order data is displayed here as an order overview. Before sending the order, you have the option of nocto check, change (also via the "back" function of the Internet browser) or cancel the order. By submitting the order using the button "Order with costs" you declare legally binding acceptance of the offer, which results in the conclusion of the contract.

(4) Your inquiries regarding the creation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless otherwise stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

                 

§ 4 usage license for download products

        

(1) The download products offered are protected by copyright. You receive a usage license for every download product purchased from us. The scope of the usage license results from the respective offer.

        

(2) Unless otherwise stated in the respective offer, the license you receive includes permission to save and/or print a copy of the download product for your personal use on your computer or other electronic device. Any further copy is prohibited. It is expressly forbidden for you to change or edit a file or parts thereof and to make it available to third parties privately or commercially in any way.

                 

§ 5 provision of services for web hosting and server hosting, obligations

        

(1) Our performance obligations result from the performance description of the respective web hosting or server hosting offer.

        

The service provision (activation of the booked service package, transmission of the access data) takes place, unless otherwise agreed, within 3 days after conclusion of the contract (with agreed advance payment after the time of your payment instruction).

(2) Insofar as we grant you full and sole administration rights on the servers provided as part of server hosting, you are solely and solely responsible for the administration and security of your server.

You are obliged to install the necessary security software, to keep yourself informed about known security gaps and to close them yourself. The installation of maintenance programs or other software that we provide or recommend does not release you from this obligation.

(3) If we provide programs, you will receive a non-exclusive right to use the programs provided for the duration of the contract. You are obliged to comply with the respective license terms.

(4) You are also obliged to set up and manage your server so that the security, integrity and availability of the networks, other servers, software and data of third parties are not endangered. In particular, you are prohibited from using the server for sending SPAM mails and (d) DOS attacks or operating open mail relays and other systems on the server via the SPAM mails and (d) DOS attacks can be spread. In the event of violations, we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice.

(5) You are not entitled to have the server assigned the same IP address for the entire term of the contract. We reserve the right to change this if it is technically or legally necessary and to assign you a new IP address in this context.

(6) We reserve the right to adapt the hardware and software used to provide the services to the respective state of the art and to inform you in good time of any additional requirements that may arise from this for the content you have stored on our servers. We are committed to making such adjustments only to a reasonable extent and taking your interests into account.

                 

§ 6 domain administration

        

(1) In the procurement and/or maintenance of domains, we only act as an intermediary between you and the registrar. We owe the creation and transmission of one according to the requirements of the respective registriesregistration office (e.g. Denic eG) completely filled out applications for registration of the domains of your choice.

        

No guarantee can be given for the transfer, allocation or permanent existence of domains in your favor; the registration conditions of the registries apply in this context. You guarantee that the domain you have applied for or that you have already registered does not infringe any third party rights. You are further obliged to notify us immediately of any loss of your domain.

(2) We are entitled to activate a domain only after payment of the agreed fees in accordance with section 5 of our customer information (part II). After termination of the contract, we can also refuse to release the domain until you have fulfilled all payment obligations from the contract towards us.

(3) If you do not give a clear instruction on the transfer or deletion of the domain when the contract is terminated, we can return the domain to the responsible registrar or have it deleted after the end of the contract and after a reasonable period of time. The same applies if we approve the domain in accordance with. Section 6 (2) of the General Terms and Conditions can be refused.

                 

§ 7 further obligations on your part

        

(1) You must inform us immediately of any changes to the data required for the fulfillment of the contract. Passwords and other access data must be kept strictly confidential.

        

(2) You are obliged to design your domain and the content below it in such a way that an excessive load on our servers e.g. through scripts that require high computing power or require an above average amount of RAM. We are entitled to exclude websites or servers that do not meet the above requirements from access by you or by third parties. You will be informed immediately of such a measure.

(3) You ensure that your domains and the content available under them do not violate legal regulations or morality and do not violate any third party rights. This applies in particular to the legal regulations for provider identification, copyright, trademark, personality and other property rights, distance selling law, competition law, criminal law and data protection law. We are not obliged to check your domains and the content available below for possible legal violations. After recognizing violations of the law or illegal content, we are entitled to block the content and make the domain in question unreachable. You will be informed of such measures immediately. You release us from all claims arising from a breach of the above obligations for which you are responsible. This also affects the costs of our necessary legal defense, including all court and lawyer costs.

(4) You have to make backup copies of all data that you transfer to our servers on separate data carriers yourself. We are not responsible for making backup copies. In the event of data loss, you will again transfer the relevant data to our server free of charge.

(5) You will make sure that the agreed data transfer volume (traffic) is not exceeded. Unless otherwise agreed, 1 TB of traffic is permitted for a flat rate advertised. The traffic is to be treated "fair use".

                 

§ 8 contract term, termination

        

(1) The contract concluded between you and us has the agreed term. If the contract is not canceled in writing by one of the parties (e.g. by email) 4 weeks before the end of the contract (unless a different period is stipulated in the respective offer), it is tacitly extended by the agreed basic term. If the basic term is more than one year, the contract is only extended by one year.

        

(2) The right to terminate the contract without notice for an important reason remains unaffected. In particular, we have an extraordinary right of termination in the event of repeated violations of your obligations in accordance with Section 5 (2) to (4) and Section 7 of the General Terms and Conditions. You are obliged to pay compensation in the event of extraordinary termination by us.

                 

§ 9 Special agreements on offered payment methods

        

(1) SEPA core direct debit
When paying by SEPA core direct debit, you authorize us by issuing a corresponding SEPA mandate, the invoice amount of the specifiedTo withdraw account. The direct debit is collected within 7 days of the conclusion of the contract. The deadline for submitting the pre-notification is reduced to 3 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the case of a direct debit due to your fault, you have to pay the bank fee.

        

(2) Credit check
If we make advance payments, e.g. If payment is made by direct debit, your data will be sent to CRIF Bürgel GmbH, Leopoldstraße 244, 80807 Munich and TESCH mediafinanz GmbH - Part of Lowell Group, Weiße Breite 5, to protect our legitimate interests for the purpose of a credit check based on mathematical-statistical procedures. 49084 Osnabrück passed on. We reserve the right to refuse to pay you by direct debit as a result of the credit check.

                 

§ 10 right of retention

        

You can only exercise a right of retention if it concerns claims from the same contractual relationship.

                 

§ 11 choice of law

        

(1) Austrian law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn (principle of favorability).

(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods expressly do not apply.

        

II. Customer information

1. Identity of the seller

Dominik Kriehuber
Gmündstrasse 1/4/2
1210 Vienna
Austria
Telephone: +43660 492 93 95
Email: info@gametive.eu

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform) ready, available at https://ec.europa.eu/odr .

2. Information about the conclusion of the contract

The technical steps to the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction take place in accordance with § 2 and § 3 of our general terms and conditions (part I).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.

3.3. If you have a request for a quote outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.

4. Essential features of the service or download products

The main features of the service and/or download products can be found in the respective offer.

5. Prices and payment arrangements

5.1. The prices listed in the respective offers represent total prices. They include all price components including all applicable taxes. There are no shipping costs.

5.2. You will have to bear the costs of the money transfer (bank transfer or exchange rate fees) if the payment was initiated outside the European Union.

5.3. The payment methods available to you are shown under the "Payment" button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

5.5. With the confirmation of the contract or at the beginning of each additional contract period, you will receive an invoice from us in electronic form for the fees incurred. At your request, we will also issue a paper invoice.

6. Delivery of download products

Download products can be downloaded in your customer account. The download will be made available within 24 hours after conclusion of the contract (with agreed advance payment according to the Zepoint of your payment instruction), unless otherwise specified in the respective offer. You will also be informed of the provision by email.

7. Statutory liability for defects

There are statutory rights of liability for defects.

8. Contract term/termination

Information on the term of the contract and the terms of the termination can be found in the regulation "Contract term, termination" in our general terms and conditions (part I), as well as in the respective offer.

      
                         
  

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