§ 1 – General Provisions, Scope of Application

(1) Oliver Horscht (hereinafter referred to as the provider) offers a hosting services platform for commercial purposes via the website www.visuhost.com

(2) All contracts concluded between the provider and the client via the website are exclusively governed by these General Terms and Conditions (hereinafter referred to as GTC). Any contrary general terms and conditions of the client are expressly rejected.

General Terms and Conditions

§ 2 – Conclusion of the Contract and Subject Matter of the Contract

The offer on the website www.visuhost.com does not constitute a legally binding offer but merely an invitation to submit an order. Errors and changes are reserved. By submitting the order, the client makes a binding offer. The purchase contract is only concluded by the provider's express declaration of acceptance in the form of a confirmation email or by activating the service.

§ 3 – Prices – Payment Terms

The price payable by the client for the service offered is the one stated in the respective offer description by the provider. The provider reserves the right to correct obvious errors. Unless otherwise stated in the item description, prices are in EURO.

§ 4 – Contract Execution

Clients who have ordered a service will receive an email (first contact) immediately after placing the order summarizing all contract details recorded with the provider.

§ 5 – Client Obligations

The client must ensure that the personal information provided to the provider during the conclusion of the contract, in particular the email address and delivery address, is correct for the execution of the contract. The client also guarantees that the reception of emails at the specified address is technically possible and not hindered, for example, by redirection, deactivation, or saturation of capacity.

The responsibility for uploaded and online content lies solely with the client. The client undertakes not to infringe the copyrights, trademarks, etc., of third parties and to indemnify the provider for any claims arising from possible rights violations caused by the content uploaded.

§ 6 – Service Provision

Our obligation to provide the service is subject to the timely and proper fulfillment of the client’s obligations. The defense of non-performance of the contract is reserved. Non-compliance with service obligations or the impossibility of providing services due to total or partial unavailability entitles the client, after the unsuccessful expiration of a reasonable grace period set by them, to withdraw from the contract.

§ 7 – Client Account Suspension, Damages

The provider is authorized to immediately suspend the client’s account and exclude the client from use if the client causes the suspension of the provider’s IP address due to intentional violations of the game operator's rules. The provider is also entitled to claim reimbursement of the costs incurred (e.g., renting new IPs). Likewise, the provider may suspend the account in case of a well-founded suspicion of violation of third-party rights (e.g., copyright, trademark violations). The client is obligated not to act disruptively to the system. In the event of disruptive behavior, the provider is entitled to suspend the client without warning and delete the data.

§ 8 – Right of Withdrawal and Consequences of Withdrawal – Information on the Right of Withdrawal

You may cancel your contractual declaration within 14 days without providing reasons in writing (e.g., by letter, fax, email) or, if the item was delivered to you before the expiration of the period, by returning the item. The period begins upon receipt of this information in written form.

To meet the withdrawal deadline, it is sufficient to send the withdrawal or the item in time. The withdrawal must be addressed to:

VISUHOST

Karl-Ferdinand-Braun-Straße 5

28359 Bremen

Germany

Fax: +49 (0) 69 90018801

Email: [email protected]

Consequences of Withdrawal

In the case of a valid withdrawal, the services received by both parties must be returned, and any benefits obtained (e.g., interest) must be surrendered. If you cannot return the received service in whole or in part, or only in a deteriorated condition, you must compensate us for the corresponding value. For the provision of items, this does not apply if the deterioration of the item is solely due to its inspection – as would have been possible for you in a store. Moreover, you can avoid the obligation to pay compensation for the deterioration caused by the use of the item according to its intended use by not treating the item as your property and avoiding anything that could affect its value. You must bear the costs of return if the delivered item corresponds to the ordered item and if the price of the item to be returned does not exceed 40 euros or, in the case of a higher price, if you have not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return is free for you. Items that can be sent by parcel must be returned at our risk and expense. Items that cannot be sent by parcel will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal declaration or the item, for us with its receipt.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to distance contracts for the delivery of goods made according to customer specifications or clearly tailored to personal needs or which, due to their nature, are not suitable for return or may deteriorate quickly or whose expiry date would be exceeded. The right of withdrawal expires with the first use of the product.

——– End of Withdrawal Information ————-

General Information

Warranty

Warranty rights are governed by statutory provisions.

§ 9 – Limitation of Liability

(1) According to legal provisions, the provider is fully liable for damages resulting from an injury to life, body, or health, which are due to an intentional or negligent breach of its obligations, as well as for other damages resulting from an intentional or grossly negligent breach of its obligations and fraudulent intent. The provider is also fully liable for damages covered by statutory mandatory provisions, such as the Product Liability Act, as well as in the event of the assumption of guarantees.

(2) For damages not covered by (1) and caused by simple or slight negligence, the provider is liable to the extent that this negligence concerns the breach of contractual obligations essential for the proper execution of the contract and on which the client regularly relies (so-called cardinal obligations). In this case, the provider’s liability is limited to foreseeable damages typical for the contract. In the case of slight negligence breaches of these contractual obligations, not covered by (1) or (2) (so-called minor contractual obligations), the provider is liable to consumers – limited to foreseeable damages typical for the contract. Any further liability is excluded. In particular, the provider is not liable for application errors.

Liability for illegal content uploaded by clients rests solely with the client. The provider is entitled to claim reimbursement from the client for costs arising from a breach of rights.

§ 10 – Data Retention

Client data is stored and processed exclusively for the purpose of executing the purchase, in accordance with applicable legal provisions. The client has the right to access, correct, block, or delete their stored data at any time free of charge. The client must send their request for access or modification of data by email or mail to the provider. Personal data, including postal and email addresses, will not be disclosed to third parties without the client’s explicit and revocable consent at any time. Service partners who need this information to process the order (e.g., the carrier responsible for delivery and the credit institution responsible for payment processing) are excluded from this provision. In these cases, the scope of the transmitted data is limited to the minimum necessary.

§ 11 – Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods.

(2) If the client is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is the provider’s registered office.

Prepared and reviewed by Straeter & Kollegen attorneys, Münster