General Terms and Conditions of the company "AVENTER UG (haftungsbeschränkt)", hereinafter referred to as AVENTER.
(1) The following General Terms and Conditions of Business apply to all deliveries between us and a consumer in the version valid at the time of the order.
(2) "Consumer" within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for a purpose which can be attributed neither to his commercial nor to his independent professional activity.
(2) "Client" within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can be attributed to a commercial or self-employed professional activity.
(4) The following provisions shall apply to orders placed via our Internet site https://www.aventer.biz, https://www.flexhosting.biz or upon acceptance of an offer issued by AVENTER.
(1) In the event of the conclusion of a contract, the contract with
AVENTER UG (limited liability)
Andreas Peters
Köllner-Chaussee 144
25337 Kölln-Reisiek, Germany
comes into effect.
(2) Upon receipt of an individual offer request from a client, the following regulations shall apply: The client requests an offer, AVENTER issues a written offer. Once the offer has been accepted in writing, it shall be binding.
(3) Upon receipt of an order for remote support or data recovery, the following regulations shall apply: The client receives an invoice at the end of the service in the amount of the hours worked. Invoicing is done by the minute. If the service exceeds one hour, AVENTER shall consult with the client or the consumer. The client or consumer has the right to deny the additional work. The work on the part of AVENTER shall thereupon be discontinued.
(4) Upon receipt of an order for LoRa (https://www.lora.sh/), the following regulations shall apply: The client shall receive a monthly invoice in the amount of the agreed prices.
(5) Storage of the text of the contract for orders placed via our Internet site: You can view the General Terms and Conditions at any time at https://www.aventer.biz/.
(1) The prices stated include the statutory value added tax and other price components.
(2) The consumer has the option of payment by PayPal or credit card(Visa, Mastercard) via the PayPal service.
(3) The customer has the option of payment by bank transfer, PayPal or credit card(Visa, Mastercard) via the PayPal service.
The consumer may revoke the contractual declaration within one (1) month in text form (e.g. letter, e-mail) without stating reasons. The client may revoke the contractual declaration in text form (e.g. letter, e-mail) within two (2) weeks without stating reasons. The period begins after receipt of this instruction in text form, but not before activation of the ordered service and also not before fulfilment of our information obligations according to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB as well as our obligations according to § 312e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period.
The revocation is to be sent to:
AVENTER UG (haftungsbeschränkt)
Andreas Peters
Köllner-Chaussee 144
D-25337 Kölln-Reisiek
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods received in full or in part or only in a deteriorated condition, you must compensate us for the loss in value. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt. Special notes
In the case of a service, your right of cancellation shall expire prematurely if your contractual partner has commenced the performance of the service with your express consent before the end of the cancellation period or if you have arranged for this yourself.
End of the cancellation policy
Only German is available as the contractual language.
The consumer, the client is responsible for the content of his internet pages or the data sent (matrix messenger, mastodon, email messages). He is obliged to use the services provided by AVENTER properly. This shall also include compliance with the respectively applicable telecommunication law regulations and the observance of the rules of conduct existing on the Internet or in the respective services of the Internet. The consumer, the client undertakes in particular:
(1) Not to use the services provided by AVENTER to violate or incite violations of applicable laws of the Federal Republic of Germany or internationally recognised rules of international law (e.g. incitement of the people, discrimination on the basis of skin colour, race, gender, religion, origin or ideology).
(2) Not to offer or have offered any pornographic content or any services aimed at making a profit which have pornographic and/or erotic content (e.g. nude pictures, peep shows, etc.) as their subject matter. The consumer, the client may not enter his Internet presence in search engines insofar as the use of keywords in the entry violates legal prohibitions, morality and/or the rights of third parties. For each case of violation of the above obligation, the consumer, the client promises to pay a contractual penalty in the amount of 5,100Eruro (in words: five thousand one hundred euros), excluding the assumption of a continuation connection.
(3) Not to send any e-mails containing advertising without the express consent of the respective recipient. This applies in particular if the e-mails in question are distributed en masse, each with the same content (so-called "\spamming").
(4) To label content posted on his Internet site as his own content, stating his full name and address. The consumer, the client is informed that a further legal labelling obligation may exist, e.g. if teleservices or media services are offered on the Internet pages. The consumer, the client shall indemnify AVENTER against all claims of third parties based on a breach of the aforementioned obligations.
(5) In this context, any banners displayed on the web pages of the consumer, the client are also to be understood as use by the consumer, the client.
(6) Patents, trademark rights, copyrights, licensing rights or other property rights of third parties shall be observed. The consumer, the client shall indemnify AVENTER against all claims arising from the use of third party property rights or due to an infringement thereof.
(7) The consumer, the client is obliged to take into account recognised principles of data security, to observe the data protection regulations of the Federal Republic of Germany, to keep passwords secret or to change them immediately or to initiate changes if there is a presumption that unauthorised third parties have gained knowledge of them.
(8) The Customer shall also be obliged to inform AVENTER without delay of any disruptions that have occurred, insofar as these affect AVENTER's contractual services and may require AVENTER or third parties commissioned by AVENTER to take measures to remedy the disruption.
(9) The consumer, the client is obliged to create backups of his electronic data at regular intervals. The nextCloud Service offered by AVENTER is not a backup service and does not relieve the consumer, the client of the obligations of a local client backup.
If the consumer, the client violates the obligations mentioned under §6, AVENTER shall be entitled to terminate the contractual relationship without notice in the case of a violation of §6 paragraph (2) and (3) immediately and in the other cases after unsuccessful warning, as well as to block the domain and return it to the responsible NIC organisation.
AVENTER shall not be obliged to check the Internet presence of the consumer, the client for possible infringements of the law. After detecting legal violations or inadmissible content, AVENTER shall be entitled to remove the corresponding Internet pages from the server, block or delete them at any time. AVENTER shall inform the consumer, the client immediately of such a measure. In this case, the consumer, the client shall not be entitled to any claims for damages. AVENTER shall retain the full claim to consideration.
The consumer, the client is entitled to display other companies or goods and services on the web server. However, AVENTER reserves the right to object to such third party presentations if its own interests are affected thereby. Such a collision of interests exists above all when competitors are to be presented. The liability for the third-party presentation shall in any case be assumed by the consumer, the client.
In the procurement and/or maintenance of Internet domains, AVENTER shall only act as an intermediary in the relationship between the consumer, the client and DENIC or any other organisation for domain allocation. AVENTER has no influence on the allocation of domains. AVENTER therefore does not guarantee that the search for free domains is correct, as this guarantee is already not guaranteed by the operators of the database (that the domains applied for on behalf of the consumer, the client will be allocated at all and/or that allocated domains are free of third-party rights or will last in the long term). The consumer, the client shall indemnify AVENTER against claims for compensation by third parties based on the unauthorised use of an Internet domain by the consumer, the client.
The consumer, the client guarantees that the domain applied for by him does not violate any rights of third parties. The consumer, the client indemnifies AVENTER, the Internet Corporation for Assigned Names and Numbers (ICANN), Network Solutions Inc. (NSI), DENIC and other persons involved in the registration.
Insofar as .com, .net or .org domains are the subject matter of the contract, the consumer, the ordering party, acknowledges that, in accordance with ICANN's guidelines, disputes concerning the domain due to the infringement of trademark, name and other property rights shall be resolved in accordance with the translation of the Uniform Domain Name Dispute Resolution Policy (UDRP) provided by means of a link. It is the responsibility of the consumer, the client, to exercise his rights within the framework of proceedings initiated by him or a third party in accordance with the UDRP. The consumer, the client further acknowledges that the licensed registrars are obliged to delete the domain or transfer it to a third party in accordance with a corresponding arbitration award in the proceedings pursuant to the UDRP, unless the consumer, the client proves within 10 days of receipt of the arbitration award that he has brought an action against the prevailing opponent in the arbitration proceedings before a state court regarding the admissibility of the domain.
Insofar as .com, .net or .org domains are the subject matter of the contract, a transfer of the domain by the consumer, the customer to a third party shall be excluded for the duration of court proceedings or arbitration proceedings concerning the domain due to the infringement of trademark, name and other property rights as well as for 15 days beyond the final decision in these proceedings, unless it is ensured that the decision rendered is binding for the third party in the same way as for the consumer, the customer.
AVENTER shall only be liable for damages if it has breached a material contractual obligation in a manner endangering the purpose of the contract or if the damage is due to gross negligence or intent (in the event of injury to life, body or health, liability shall apply to intentional or negligent breach of duty). Unless there is intent or gross negligence (or, in the case of injury to life, body or health, negligence), any liability shall be limited to the damage foreseeable at the time of conclusion of the contract. In all other respects, unless there is intent or gross negligence (or, in the case of injury to life, body or health, also negligence), any liability is excluded, irrespective of the legal grounds. In particular, the exclusion shall also apply to loss of data, loss of profit, other financial losses, consequential harm caused by a defect and indirect consequential harm caused by a defect, unless intent or gross negligence (including negligence in the case of injury to life, body or health) is involved. As a restriction to this, in dealings between entrepreneurs, even in the case of gross negligence, liability is limited to the damage typically arising in these transactions of the present type. Liability for the destruction or falsification of recorded data shall in any case require that the consumer, the client has ensured that the data can be reconstructed from machine-readable data material with reasonable effort.
The same shall also apply to vicarious agents or legal representatives of AVENTER.
Claims of the consumer, the client for damages shall become statute-barred at the latest one year after the statutory commencement of the limitation period. This shall not apply to claims for damages based on an intentional act, gross negligence (in case of injury to life, body or health also negligence) or fraudulent misrepresentation towards AVENTER.
General maintenance work shall be carried out on Fridays between 21:00 hrs and 01:00 hrs on Sundays. During this time, the services offered by AVENTER may be interrupted.
Network, emergency work, installation of security patches by AVENTER and/or our data centre operator can take place from Monday to Sunday from 21:00 hrs to 9:00 hrs without prior notice. During this time, the services offered by AVENTER may be interrupted.
The unlimited data volume specified by AVENTER is a friendly use flat rate.
The software is sold as it is. By using the software, the consumer, the client, acknowledges that the use of the software is YOUR OWN RISK. Any damage caused by the software is also at your risk. AVENTER does not warrant that the Software will be error-free, uninterrupted, reliable or secure.
(1) The software, web developments, documents, representations, algorithms, software codes, scripts and website design developed by AVENTER for the Consumer, the Client shall remain the property of AVENTER and shall not become the property of the Consumer, the Client even after termination of the contract, completion of the project or completion. However, the consumer, the client is granted lifelong rights of use and further processing.
(2) Your equipment and data shall at all times remain your property and we shall have no ownership, use or other rights in them (other than the right to possession and use of your equipment and data to provide the Services). We reserve all ownership, use and other rights in the provision of the Services, including any improvements or enhancements to the Services.
AVENTER's client agrees to run its business, which is supported by AVENTER, in a socially and environmentally responsible manner. In case AVENTER receives information about social or environmental abuses, AVENTER is entitled to terminate the contract unilaterally.
If nothing else has been agreed between the consumer, the client and AVENTER, the consumer, the client can cancel his product at the end of the month in writing or via email to the support. Cancellation will be carried out immediately without notice or demand. A refund of the contribution is not possible.
(1) You hereby acknowledge and warrant to us that (i) you are legally capable of entering into binding contracts; (ii) you are fully authorised, empowered and empowered to agree to these T&Cs and, if you are a business customer, have the appropriate legal authority to enter into the contract; (iii) all information you provide to us in connection with your order is true, accurate, complete and not misleading;
(1.1) In the case of the Data Recovery Service, you hereby acknowledge and warrant to us that: (iv) you are the owner of the Equipment or have permission from the owner of the Equipment for us to provide the Services; (v) it is not in breach of any obligation or third party rights for you to hand over your Equipment or Data to us; (vi) you have the legal right to do so; and (vii) you have the legal right to do so. (vi) it is not against applicable law for you to hand over your equipment or data to us; (vii) you are legally entitled to grant access to the data; (viii) your equipment does not contain any material (such as data) which may infringe the intellectual property rights of third parties; and (ix) your equipment does not contain any material which infringes applicable law. We reserve the right to request documentary evidence of your ownership or legal right to authorise the Services and to suspend or not start the Services for as long as such evidence is missing.
(2) In the case of the Data Recovery Service, you hereby acknowledge that your equipment or data may be damaged before we receive it and that our efforts to complete the Services may result in the destruction or further damage of your equipment or data. We will use reasonable care in performing the Services but will not be responsible for any existing or additional damage that may occur to your equipment or data during the performance of the Services unless clause 12 of these T&Cs states otherwise.
You shall indemnify us in full against all claims, costs, damages, liabilities, expenses (including but not limited to legal costs) and demands and judgments made against us as a result of or in connection with all your acts, omissions or failures to act in connection with the Contract and these TOS.
Status of T&C, July 2021