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 the provider (Sven Barthel) via the website https://www.spcast.eu. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby expressly rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 2 Registration as a User

To book and use our services, registration as a user is required. This is free of charge and does not result in any obligations. As part of the registration process, a user account will be created under the email address you provide and the password you choose.

§ 3 Loading Credit

(1) Loading credit is required to book and/or pay for our internet services, unless otherwise agreed.

By making the offer to load credit available in the customer area (login), we already submit a binding offer to conclude a contract.

(2) The contract for loading credit is concluded via the online order form as follows:
In the customer area (login), you can access the online order form.
In the online order form, you select the desired amount and the payment method; finally, all data for loading the credit is displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data is displayed to you as an order overview on the website of the instant payment system provider or after you are redirected back to our online shop.

Before submitting the order, you have the opportunity to review all details again, change them, or cancel the order.
By submitting the order via the corresponding button, you legally declare acceptance of the offer, thereby concluding the contract for loading credit.

(3) Order processing and transmission of all information required in connection with contract conclusion takes place partly automatically by email. You must therefore ensure that the email address stored with us is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.

(4) The service provision (activation of the ordered credit) takes place within 2 days after contract conclusion (in the case of agreed advance payment, only after the time of your payment instruction).

(5) The loaded credit may be used exclusively for booking and/or paying for our internet services.
After termination of the contract, you are entitled to a refund of the remaining credit. Payout of loaded credit during the contract term is excluded. For consumers, this applies only insofar as the withdrawal period has expired or the right of withdrawal has lapsed.

§ 4 Conclusion of the Contract

(1) We provide you with internet services, in particular web hosting or server hosting (hereinafter: “Web Hosting”) and domains. The scope of services results from the service package booked by you and the service description specified in the respective offer.

By placing the respective service offer on our website, we already submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the service description.

(2) The contract for the provision of internet services is concluded via the online shopping cart system as follows:
The services intended for booking are configured and placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or similar designation), you enter your personal data and payment details. Finally, all order data is displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If redirected, you make the corresponding selection or enter your data there. Finally, the order data is displayed as an order overview on the provider’s website or after you are redirected back to our online shop.

Before submitting the booking, you have the opportunity to review all details again, change them (also via the browser’s “back” function), or cancel the booking.
By submitting the booking via the corresponding button, you legally declare acceptance of the offer, thereby concluding the contract.

(3) Your inquiries for the preparation of an offer are non-binding. We submit a binding offer to you in text form (e.g. by email), which you may accept within 5 days (unless a different period is specified in the respective offer).

(4) Order processing and transmission of all information required in connection with contract conclusion takes place partly automatically by email. You must therefore ensure that the email address stored with us is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.

§ 5 Service Provision for Web Hosting, Obligations

(1) Our service obligations result from the service description of the respective web hosting offer.

Service provision (activation of the booked service package, transmission of access data) takes place, unless otherwise agreed, within 2 days after contract conclusion (in the case of agreed advance payment, only after the time of your payment instruction).

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

You are obligated to install necessary security software, continuously inform yourself about known security vulnerabilities, and close them independently. The installation of maintenance programs or other software provided or recommended by us does not release you from this obligation.

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

(4) You are further obligated to configure and manage your server in such a way that the security, integrity, and availability of networks, other servers, software, and third-party data are not endangered. In particular, you are prohibited from using the server for sending spam emails and (D)DoS attacks or from operating open mail relays or other systems on the server through which spam emails and (D)DoS attacks can be distributed. 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 have no claim that the same IP address will be assigned to the server for the entire contract term. We reserve the right to change it if 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 current state of the art and to inform you in good time of any additional requirements for the content stored by you on our servers that may result. We undertake to make such adjustments only within a reasonable scope for you and with due consideration of your interests.

(7) We provide our services with an availability of 99% on a monthly average, unless a different availability is specified in the respective service offer. Downtime due to regular or occasional maintenance is included.
Excluded are times when the server is not reachable due to technical or other problems beyond our control (force majeure, fault of third parties, etc.).

§ 6 Domain Administration

(1) In the procurement and/or maintenance of domains, we act solely as an intermediary between you and the registration authorities. We owe the creation and transmission of a fully completed application for registration of the domains you desire in accordance with the requirements of the respective registry (e.g. Denic eG).
No guarantee can be given for the transfer, allocation, or continued existence of domains in your favor; the registration conditions of the registries apply.
You guarantee that the domain applied for by you or already registered for you does not infringe third-party rights. You are also obligated 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. Likewise, after termination of the contract, we may refuse to release the domain until you have fulfilled all payment obligations owed to us under the contract.

(3) If you do not provide clear instructions regarding the transfer or deletion of the domain upon termination of the contract, we may return the domain to the responsible registry or have it deleted after the contract ends and a reasonable period has elapsed. The same applies if release of the domain may be refused by us in accordance with paragraph 2 above.

§ 7 Further Obligations on Your Part

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

(2) You are obligated to design your domain and the content accessible under it in such a way that excessive load on our servers is avoided, e.g. through scripts that require high computing power or consume above-average working memory.
We are entitled to exclude you or third parties from access to websites or servers that do not meet the above requirements. You will be informed immediately of such a measure.

(3) You guarantee that your domains and the content accessible under them do not violate statutory provisions or common decency and do not infringe third-party rights. This includes in particular legal provisions on provider identification, copyright, trademark, personal rights, and other protective rights, distance selling law, competition law, criminal law, and data protection law.
We are not obligated to check your domains and the content accessible under them for potential legal violations. Upon becoming aware of legal violations or impermissible content, we are entitled to block the content and make the affected domain inaccessible. You will be informed immediately of such measures.
You indemnify us against all claims arising from a violation of the above obligations for which you are responsible. This also includes the costs of our necessary legal defense, including all court and attorney fees.

(4) Unless otherwise stated in the respective offer, you must create backup copies of all data that you upload to our servers yourself on separate data carriers. We are not responsible for creating data backups. In the event of data loss, you will re-upload the affected data to our servers free of charge.

(5) If a specific data transfer volume (traffic) is agreed, you are obligated to ensure that this traffic is not exceeded. Traffic is generally to be treated as “fair use.”

§ 8 Distribution of Terrorist Content Using Our Services

(1) The distribution of terrorist content using our services is prohibited.

(2) Terrorist content within the meaning of Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online (TCO Regulation) is one or more of the following materials that include or result in:

a) incitement to commit one of the offenses listed in Art. 3 para. 1 letters a to i of Directive (EU) 2017/541, where such material directly or indirectly advocates the commission of terrorist offenses, e.g. by glorifying terrorist acts, with the attendant danger that one or more such acts may be committed;

b) solicitation of a person or group of persons to commit or contribute to the commission of one of the offenses listed in Art. 3 para. 1 letters a to i of Directive (EU) 2017/541;

c) solicitation of a person or group of persons to participate in the activities of a terrorist group within the meaning of Art. 4 letter b of Directive (EU) 2017/541;

d) instruction in the manufacture or use of explosives, firearms, or other weapons or harmful or hazardous substances, or instruction in other specific methods or techniques for the purpose of committing or contributing to the commission of one of the terrorist offenses listed in Art. 3 para. 1 letters a to i of Directive (EU) 2017/541;

e) a threat to commit one of the offenses listed in Art. 3 para. 1 letters a to i of Directive (EU) 2017/541.

(3) In order to identify terrorist content and take action against the public dissemination of such content using our services, we apply the following procedure:

1. Information about suspicious or prohibited content publicly disseminated using our services is reported to us via the reporting system set up for this purpose. The report is submitted electronically to the contact point specified in the legal notice.

2. If it concerns a removal order from the competent authority, we implement it no later than one hour after receipt, provided the order does not contain obvious errors or insufficient information. We then immediately inform the competent authority and you of the measures taken.

3. If it does not concern a removal order from the competent authority, we examine the content to determine whether it constitutes public dissemination of terrorist content using our services. We may use automated means for this purpose.

4. If public dissemination of terrorist content exists, we take measures to stop its dissemination as quickly as possible. In particular, the following measures are available to us, which we apply at our discretion and with due care:

Hiding or removing content,
Deactivation of functions of our service,
Blocking your customer account,
Preventing your access to our services.

5. We immediately inform the competent authority and you of the measures taken against the dissemination of terrorist content.

(4) You have the option to lodge a complaint against measures taken against you and to request restoration of removed or blocked content. The complaint must be submitted within one month after you received the information pursuant to paragraph 3 no. 5. The complaint must be substantiated and sent by email to the contact point specified in the legal notice. We then examine the complaint and inform you of the result within two weeks of receipt. If the measures are found to be unlawful, we revoke them and restore the content. If they are found to be lawful, we inform you accordingly and provide reasons.

§ 9 Content Moderation

(1) The publication of unlawful content using our services is prohibited.

(2) We reserve the right to take measures against you if unlawful content is published or otherwise made accessible via your domain (“moderation”). You are solely responsible for unlawful content published or made accessible via your domain.

(3) Unlawful content includes in particular content that:

violates applicable copyright, trademark, or competition law,
constitutes a criminal offense or administrative offense,
violates applicable data protection regulations or provider identification obligations,
is racist, discriminatory, insulting, glorifies violence, or otherwise violates personal rights or other fundamental rights,
endangers minors or glorifies violence.

(4) To identify unlawful content and take action against its public dissemination using our services, we apply the following procedure:

1. Users of your domain and third parties may report suspected unlawful content via the reporting system established for this purpose in accordance with Regulation (EU) 2022/2065.

2. We examine whether the content is unlawful within the meaning of paragraph 3. This review is generally conducted by humans and may involve automated tools.

3. If content is found to be unlawful, we take measures to stop its dissemination as quickly as possible, including:

Hiding or removing content,
Deactivation of service functions,
Blocking your customer account,
Preventing access to our services,
Termination of the contractual relationship.

We act carefully, objectively, and proportionately, taking into account the rights and legitimate interests of all parties and their fundamental rights.

4. If we take measures against you, we inform you and provide reasons as required by law.

(5) You may lodge a complaint against measures taken and request restoration of content or revocation of measures. The complaint must be submitted within one month after receipt of the information pursuant to paragraph 4 no. 4.

§ 10 Contract Term, Termination

(1) The contract has the term specified in the respective offer. A term longer than 2 years cannot be agreed.

(2) The contract ends automatically upon expiration of the term; termination is not required.

(3) The right to extraordinary termination for good cause remains unaffected. In particular, we have the right to terminate extraordinarily in the event of repeated breaches of your obligations under these GTC. In the event of extraordinary termination by us, you are liable for damages.

(4) Any termination must be declared either in text form (e.g. email) or via the termination button integrated on our website (“Terminate contracts here” or similar designation).

§ 11 Special Agreements on Offered Payment Methods

(1) Payment via “PayPal” / “PayPal Checkout”
Payment processing is carried out via PayPal (Europe) S.à.r.l. et Cie, S.C.A., Luxembourg. Further information is available at
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via “Stripe”
Payment processing is carried out via Stripe Payments Europe Limited, Dublin, Ireland. Further information is available at
https://stripe.com/de.

§ 12 Right of Retention

You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.

§ 13 Choice of Law

(1) German law applies. For consumers, this applies only insofar as mandatory consumer protection provisions are not restricted.

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

II. Customer Information

1. Identity of the Seller

Sven Barthel
Emsdettener Str. 10 - c/o Postflex #8949
48268 Greven
Germany
Phone: +4956432060790
Email: [email protected]

Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR), available at
https://ec.europa.eu/consumers/odr.

We are willing, but not obligated, to participate in dispute resolution procedures before consumer arbitration boards.

2. Information on Contract Conclusion

The technical steps leading to contract conclusion, the conclusion itself, and correction options are governed by the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language, Contract Text Storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically. After receipt of the order, the order data, legally required information for distance contracts, and the General Terms and Conditions are sent to you again by email.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices stated in the respective offers and the shipping costs are total prices and include all price components including all applicable taxes.

5.2. Any costs incurred for money transfer (bank transfer or exchange rate fees) are to be borne by you if our service is provided within an EU member state but payment is initiated outside the European Union.

5.3. The available payment methods are shown under a corresponding button on our website or in the respective offer.

5.4. Unless otherwise stated for individual payment methods, payment claims are due immediately.

5.5. With the contract confirmation or the start of each further billing period, you will receive an invoice by email.

6. Statutory Warranty Rights

Statutory warranty rights apply.

7. Contract Term / Termination

Information on the contract term and termination conditions can be found in the provision “Contract Term / Termination” in our General Terms and Conditions (Part I) and in the respective offer.

These GTC and customer information were prepared by lawyers specializing in IT law from Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warnings. Further information can be found at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 22.10.2024