General Terms and Conditions

§ 1 Scope of the Terms

PawHost (Jan Smyrek, hereinafter "PawHost") provides its services exclusively on the basis of these Terms and Conditions. Any conflicting purchasing or other conditions of the contracting party are hereby expressly rejected.
A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.
Ancillary agreements, assurances and other arrangements as well as amendments and additions to the contract require confirmation by PawHost in text form to be effective.

§ 2 Conclusion of the Contract

By submitting an order via the online ordering system, the customer makes an offer to PawHost to conclude a contract. The customer is bound by their offer for a period of 1 week after its receipt by PawHost.
The contract is concluded when PawHost has confirmed acceptance of the application or begins the actual provision of the services (e.g. provision of the server).
Offers made by PawHost are always subject to change and non-binding. PawHost may make the conclusion of the contract dependent on an advance payment.
The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by email. The customer must ensure that the email address provided is correct and that the receipt of emails is technically ensured.
Verification of customer identity: To ensure the security of our services and to prevent fraud or abuse, we may verify the identity of our customers using the "Stripe Identity" service. As part of the identity verification, certain personal data necessary to confirm the identity is collected and processed by Stripe. The processing is carried out on the basis of express consent pursuant to Art. 6(1)(a) GDPR.

§ 3 Right of Withdrawal for Consumers

In the case of distance contracts, consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Withdrawal Policy.
The right of withdrawal does not apply to contracts for the supply of digital content that is not delivered on a physical data carrier if PawHost has begun the performance of the contract after the consumer has expressly agreed that PawHost may begin the performance of the contract before the expiry of the withdrawal period, and the consumer has confirmed their knowledge that, by giving their consent, they lose their right of withdrawal upon the commencement of the performance of the contract.

§ 4 Termination

Unless otherwise agreed in the contract between the parties, the contractual relationship may be ordinarily terminated after the expiry of any agreed minimum term with a notice period of 1 month to the end of the contract month. Different notice periods may apply to special and promotional offers (in particular offers with annual payment), provided that this is indicated on the websites or in the offer. The right to extraordinary termination for good cause remains unaffected.
To be effective, terminations require text form (e.g. email) or may be declared via the cancellation button integrated into our website.
Where advance payment has been agreed, payment is made in advance for that term (prepaid period). If no further extension or advance payment is made before the expiry of the respective prepaid period, the contract ends automatically upon expiry of the prepaid period; no additional termination is required.

§ 5 Obligations of PawHost / Scope of Services

PawHost offers the customer access to the existing communications infrastructure, the provision of storage space on servers, the hosting of game servers, VPS, root servers and dedicated servers, domain registration and administration, the use of value-added services as well as the maintenance and administration of data-processing systems and communications infrastructures. The details and scope of the services are set out conclusively in the respective offer or service description.
The provision of services (activation of the booked service package, transmission of the access data) takes place, unless otherwise agreed, within up to 2 days after conclusion of the contract (in the case of agreed advance payment, only after the time of the payment instruction).
Insofar as PawHost provides additional services and benefits free of charge outside the contractual agreement, these may be discontinued at any time. This does not give rise to any claim by the customer for a reduction in price or damages, or to any right of termination.
PawHost is entitled to change or supplement the range of services arising from the contract if and insofar as the fulfilment of the purpose of the contract concluded with the customer is not, or not significantly, impaired thereby. Customers shall be informed of this in good time.
PawHost is entitled to adapt the hardware and software used to provide the services to the respective state of the art.
The customer has no claim to the same IP address being assigned to the server for the entire term of the contract. PawHost reserves the right to change it in the event of technical or legal necessity.

§ 6 Obligations and Duties of the Customer

The customer is obliged to use the PawHost services properly. In particular, the customer is obliged to:

a) inform PawHost without delay of any changes to the contractual basis (in particular contact details). Passwords and other access data must be kept strictly confidential;

b) not to use the access options to the PawHost services improperly and to refrain from unlawful and/or illegal actions. In particular, the customer is prohibited from: - making unauthorised use of the services of other participants of the PawHost services, - making unauthorised use of services not agreed in the contract, - decrypting, reading or modifying passwords, emails, files or similar of other participants or of the system operator, - distributing individual applications of licensed application software via the PawHost services without authorisation, - interrupting or blocking communication services, for example through overloads (DDoS attacks), - using the server to send SPAM emails or operating open mail relays, - distributing or making accessible criminal content of any kind via PawHost services, in particular pornographic or violence-glorifying content or content directed against the free democratic basic order;

c) ensure compliance with statutory provisions and official requirements;

d) take account of the applicable data protection provisions and the recognised principles of data security;

e) report any defects or damage recognisable to PawHost without delay (fault reports);

f) make backup copies of all data on separate data carriers themselves. PawHost is not responsible for creating data backup copies.

The customer is obliged to design their domains and the content accessible thereunder in such a way that excessive load on the servers is avoided. PawHost is entitled to exclude from access any websites or servers that do not meet these requirements.
The customer warrants that their domains and the content accessible thereunder do not violate any statutory provisions or public morals and do not infringe any third-party rights. The customer indemnifies PawHost against all third-party claims arising from a violation for which the customer is responsible.
If the customer violates the obligations set out in paragraph 1(b), PawHost is entitled to terminate the contractual relationship without notice and to block access to the services immediately, and in all other cases after an unsuccessful warning.
Insofar as the customer is granted full and sole administration rights to the provided servers within the scope of webhosting, the customer is exclusively and solely responsible for the administration and security of their server.

§ 7 Domain Administration

In procuring and/or maintaining domains, PawHost acts merely as an intermediary between the customer and the registration authorities. No guarantee can be given for the transfer, allocation or permanent existence of domains; the registration conditions of the respective registration authorities (e.g. DENIC eG) apply. For domain registration and administration, PawHost uses the service of JETWEB GmbH, Bahnhofplatz 2, 89073 Ulm, Germany, as domain registrar.
The customer guarantees that the domain applied for by them or already registered for them does not infringe any third-party rights.
PawHost is entitled to activate a domain only after payment of the agreed charges. Likewise, after termination of the contract, the release of the domain may be refused until all payment obligations have been fulfilled.
If, upon termination of the contract, the customer does not give clear instructions regarding the transfer or deletion of the domain, PawHost may, after the end of the contract and the expiry of a reasonable period, return the domain to the responsible registration authority or have it deleted.

§ 8 Use by Third Parties

Use of the PawHost services by third parties is permitted. The customer may use the services for their own purposes, resell and sublet them. The customer is liable to PawHost for compliance with the contractual provisions by the third party in the same way as they would be liable for compliance themselves.
The customer must also pay the charges incurred by third parties within the scope of the access and usage options made available to them. The same applies in the event of unauthorised use of the services by third parties, unless the customer proves that the unauthorised use occurred through a circumvention or removal of PawHost's security measures for which the customer is not responsible.

§ 9 Payment Terms

Unless otherwise agreed by contract, PawHost invoices the customer for the agreed services at the prices applicable at the time, plus the applicable statutory value-added tax. The prices stated in the offers are total prices and include all price components, including all applicable taxes.
Fixed charges are invoiced in advance. The respective fees are due for immediate payment without deduction upon invoicing.
If the charge is payable for parts of a calendar month, these are calculated on a pro rata basis.
The available payment methods are indicated on the website or in the respective offer.
Due to the legal basis of the GwG (German Money Laundering Act) and the terms and conditions of some payment service providers, existing credit cannot be paid out. The credit remains on the customer account with no expiry date. For consumers, this applies only insofar as the withdrawal period has expired or the right of withdrawal has lapsed.

§ 10 Price Adjustments

PawHost is entitled to adjust the agreed prices accordingly in the event of a change in the costs relevant to the provision of services (in particular energy costs, hardware costs, licence fees, costs for data-centre services or statutory levies). A price increase may be considered, and a price reduction must be made, if the aforementioned costs increase or decrease.
Price adjustments are only permissible if at least 12 months lie between the conclusion of the contract or the last price adjustment and the intended price adjustment.
Price increases are communicated to the customer in text form (e.g. by email) at least 6 weeks before the planned effective date. In the event of a price increase, the customer has the right to terminate the contract as of the date the price increase takes effect. This is specifically pointed out in the notification.
The right to price adjustment does not apply to service periods already paid for in advance.

§ 11 Right of Retention, Disruption of Services

The customer is entitled to assert a right of retention only on account of counterclaims that result from the same contractual relationship.
If a significant disruption of the PawHost services lasts longer than one week and an actual downtime period of more than one working day is reached, the customer is entitled to reduce the monthly charges accordingly from the time of occurrence until the disruption ceases. A significant disruption exists if the customer, for reasons for which they are not themselves responsible, can no longer access the PawHost infrastructure and can no longer use the contractually agreed services.
In the event of service outages due to a disruption outside PawHost's area of responsibility (force majeure, fault of third parties), reduction is excluded. The same applies to service outages due to necessary operational interruptions pursuant to § 12.

§ 12 Availability of the Services

PawHost offers its services 24 hours a day, 7 days a week with an availability of 99% on a monthly average, unless a different availability is indicated in the respective service offer. Downtimes due to regular or sporadic maintenance are included herein.
Necessary operational interruptions for preventive maintenance work are announced as early as possible. PawHost will remedy faults in its technical facilities as quickly as possible within the scope of the existing technical and operational possibilities.
PawHost assumes no liability for data losses resulting from interrupted data transmissions or technically related failures. Every customer is required to carry out backups independently. PawHost cannot be held responsible for data losses due to force majeure.

§ 13 Default of Payment

In the event of default of payment, PawHost is entitled to demand default interest. The default interest rate is five percentage points above the base interest rate per year. With respect to entrepreneurs, the default interest rate is nine percentage points above the base interest rate. If PawHost is able to prove a higher loss caused by the default, PawHost is entitled to assert this.
PawHost may terminate the contractual relationship extraordinarily without notice or block the services if the customer is in default, in whole or in part, with the payment of the amounts owed for longer than one month and PawHost has issued the customer a reminder setting a deadline and pointing out the possible consequences.
PawHost reserves the right to assert further claims.

§ 14 Confidentiality / Data Protection

Insofar as PawHost uses third parties to provide the services offered, PawHost is entitled to disclose the customer data in compliance with the provisions of the GDPR, in particular Art. 28 and 32.
PawHost declares that its employees have been obliged to maintain confidentiality and that PawHost has taken the necessary technical and organisational measures pursuant to Art. 32 GDPR to ensure a level of protection appropriate to the risk.
In all other respects, PawHost processes personal data in accordance with its privacy policy.

§ 15 Liability and Limitations of Liability

PawHost is liable for material and legal defects in accordance with the statutory provisions.
PawHost is liable for damages — on whatever legal grounds — without limitation in cases of intent and gross negligence. In the case of ordinary negligence, PawHost is liable only for damages arising from injury to life, body or health, as well as for damages arising from the breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract in the first place and on whose observance the contracting party regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.
The limitations of liability arising from paragraph 2 do not apply insofar as PawHost has fraudulently concealed a defect or has assumed a guarantee for the quality of the service. The same applies to claims of the customer under the Product Liability Act.
If PawHost's liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
The customer is liable for all consequences and disadvantages incurred by PawHost or third parties through the improper or unlawful use of the PawHost services or through the customer's failure to comply with their other duties.

§ 16 Final Provisions

The place of performance for all contractual services is the registered office of PawHost in Meinerzhagen, Federal Republic of Germany.
Contracts concluded on the basis of these General Terms and Conditions are subject to German law. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (principle of favourability). The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship is the registered office of PawHost. The same applies if the customer has no general place of jurisdiction in Germany or the EU, or if the place of residence or habitual abode is unknown at the time the action is brought. However, PawHost is also entitled to bring an action at the customer's registered office.
Should any provision of this agreement be or become wholly or partially void or ineffective, this shall not affect the validity of the remaining provisions.

Provider Identification

Jan Smyrek (PawHost) Gerichtstr. 15 58540 Meinerzhagen Germany

Phone: +49 2354 9079690 Email: info@pawhost.de

PawHost Terms and Conditions For suggestions or queries, please contact us at info@pawhost.de.