Terms ans conditions
The Gattung & Behr GbR is subsequently called Shellfire.
Shellfire, based in Bad Vilbel, Germany, is offering its customers the ordered services with all included elements as well as possible optional services exclusively according to the following terms and conditions.
The terms an conditions are available online from the Shellfire website at any time. The customer accepts these terms and conditions during the order process.
1. Scope of services, fees
The scope of services results from the customer information as linked in the order form, a respective brochure, a current offer at the time of order from the Shellfire website or from any other offer.
The utilsation of services happens according the currently valid fees. This means either a monthly fee according to the customer information including the defined services or a variable fee depending on the amount of service usage. The customer receives an invoice for every payment process.
Shellfire reserves its right to make changes to the fees at the beginning of a new billing period. Customers are notified of any change in their fees at least 4 weeks in advance by the e-mail address supplied while placing their order or by mail. Any increasing of fees results in an exceptional right of cancellation with a delay of 2 weeks to the moment of the new fees taking effect. If the customer does not object to the changes within one month, they are considered accepted. Any increasing of fees known at the time of the order does not require special notification and does not account for a special right of cancellation.
The payment of fees is done via one of thee payment methods offered by Shellfire. The customer is paying in advance for a chosen billing period (1,3,6 or 12 months). In case of non-payment, the account is blocked but not deleted. The blocking can be released by paying the fee within a month. If this is not the case, Shellfire reserves the right to cancel the contract and delete the account. If applicable, Shellfire will then engage in encashment and/or legal measures against the non-paying customer.
The customer has to pay any fee caused by other persons using his account, except if he can prove that he is not responsible for the creation of the fee.
In this context, the customer is obliged to keep his personal password and his username well hidden from third party access and to prevent misuse and loss. Shellfire is discharged from any claims from a third party resulting from a violation of these obligations.
Shellfire starts providing its services immediately after reception of the payment.
The customer can only charge up against any claims from Shellfire with unchallenged or legally binding counterclaims.
Shellfire is unable to verify the data supplied by the customer. In case of intentional entering of false data, the contract is rendered void. In this case, Shellfire will not pay any refunds and immediately delete the customer's account.
The customer can only claim a right of retention or refusal in case of unchallenged or legally binding counterclaims.
2. Regulations concerning the utilisation of Shellfire services
The customer makes sure, that his utilisation of Shellfire services does not conflict with applicable law. Shellfire is authorized to instantly deny access to accounts engaged in illegal activity without prior notice. Should a customer massively violate these conditions or violate violate them repeatedly despite received warnings, Shellfire reserves the right to terminate the user's contract without prior notice. The access can additionally be blocked, if well-founded complaints by administrators of other networks are received.
Shellfire reserves the right to block any content or behaviour resulting in potential negative effects on its serves and/or network infrastructure.
The customer accepts the fact that by using the communication system of the internet, the possibility of third-party data-eavesdropping can never be totally excluded. This risk is considered by the customer with his purchase.
It is forbidden to violate the peaceful netiquette of the internet. Violations of this kind lead to immediate blocking of the customer's account, in serious and/or repeated cases to deletion of the customer's account without prior notice and possibly legal measures.
It is forbidden to use any harmful software (especially flooding and/or spamming) through Shellfire's products. Violations of this kind lead to immediate blocking of the customer's account, in serious and/or repeated cases to deletion of the customer's account without prior notice and possibly legal measures.
It is forbidden to use Shellfire products to propagate any copyright protected files through Shellfire products. Violations of this kind lead to immediate cancellation of the customer's account without prior notice.
3. Data security, online transfer
The customer makes backup copies of any data he might receive from Shellfire. In case of a complete data loss, the customer may upload his data to Shellfire's servers again free of charge.
The customer's settings are set online. The transmission of such data happens at the customer's own risk without warranty. Notifications are valid from the moment of their reception by Shellfire and are used bindingly for service execution until the reception of newer data. Any delay in this process is technically requied and does not represent a deficit.
4. Beginning and end of contract
Contractual relationship starts with the day of the online sign-up.
The customer and Shellfire may both cancel the contractual relationship without indication of reasons within a 2 week period before the end of a billing period.
A cancellation is required to happen via e-mail, letter or fax. These have to contain personal data and login credentials.
Shellfire may stop any free service or free additional service within a period of 7 days. A notice of this may be sent to the customer via e-mail.
Shellfire may cancel any account due to excessive bandwidth and/or server load by the customer at any time with a delay of 7 days.
The customer may switch to another Shellfire service with a different tariff in case he wishes to do so, as far as technically possible. A switching to another service with a lower tariff is possible at the end of a billing period paid in advance. Switching to a servie with a higher tariff is possible at any time. The setup of the enhanced services is done as quickly as possoble, the accounting of the higher tariff starts from the date of the switching. Shellfire may use direct debit to account for the additional fees. Potential credits are allocated to future services. The new cancellation period is the period given by the customer informations of the new internet service.
The right of cancellation without prior notice with important reasons remains untouched. Important reasons may for example be severe and/or repeated infringements of contractual rules or any impracticability of the contractual relationship. In case of a cancellation out of an importan reason, Shellfire is allowed to block access to the concerned account(s) immediately. Shellfire may in this case also delete any uploaded content without prior notice.
5. Availability, maintenance
Generally, Shellfire's services are available 24 hours a day 7 days a week. Shellfire can not be held responsible for downtimes caused by the respective datacenter or customers. Shellfire does thus not warrant for uninterrupted availability of data and is allowed to attribute a reasonable amount of time to maintenance related downtimes. Shellfire can not be held responsible for any data loss occurring because of technical malfunctions, interrupted connections or other problems.
If not mentioned differently in these terms and conditions, Shellfire has to repair any technical failures within a reasonable amount of time, considering the actual technical and operative resources. Should Shellfire be responsible for the failure, the customer is entitled to diminish the fees due. The customer is obliged to notify Shellfire of any noticeable connection problems immediately, at the latest 7 days after their occurrence via e-mail.
Further claims of the customer are limited by the liability regulations in paragraph 8.
6. Technical limitations
The customer has no right to obtain a dedicated IP address, a dedicated physical server for his content or any dedicated bandwidth, if not ordered separately. Services are run on high performance servers with static IP addresses and a certain total bandwidth available for every respective server, which means that the maximum available bandwidth available to each customer may vary.
7. Technical support
The customer is entitled to receive e-mail support.
8. Limitation of liability and claims for damages
Shellfire is only liable for damages caused by Shellfire, its legal representatives or one of its auxiliary persons in a grossly negligent or intended way. The limitation of liability stated hereby applies to contractual and non-contractual claims. Any responsibility according to the product liability act remains untouched.
Any utilisaton of Shellfire services occurs according the constraint of paragraph 8.1. This especially applies to the functionality and virus-free nature of content and software downloaded, used or activated through Shellfire services.
Shellfire can not be held responsible for the correct functioning of the infrastructures and transmission routes of the internet, that lay outside the area of authority of Shellfire or its auxiliary persons, if a liability in conformity with paragraph 8.1 does not exceptionally apply.
The maximum liability in any case is fixed to the 1-fold of the contract value.
9. Privacy protection
Shellfire indicates in accordance with § 33 BDSG, personal data is stored to fulfil contractual requirements. This data may be shared within requirements with involved partners, auxiliary persons and service providers if required. Apart from that, personal data is only collected, processed or used in accordance with the customer's wishes or applicable law.
The Das volume of usage relevant to payroll is recorded by the internet infrastructure provider and communicated to Shellfire . Shellfire is entitled to permanently save any data relevant to payroll.
Shellfire must be notified of any change in addresses, account relationship or tariffs via e-mail, letter or fax. Login credentials must be included.
Shellfire is entitled to commission any third-party service provider or auxiliary person to supply part or the whole service spectrum. Shellfire is entitled to switch to another internet infrastructure, provider or auxiliary person at any time without prior notice if no disadvantage to the customer is generated by this.
The notifications from Shellfire to the customer mentioned in these terms and conditions as well as any notification necessary to business development are sent by Shellfire to the e-mail address supplied by the customer's during the signup process. Messages are considered delivered at the moment of their sending to this address, disregarding the moment of actual accessing of the message by the customer.
Alterations of contract, additions and additional agreements require a written form to be valid, if not stated otherwise in these terms and conditions. This will also include waiver of formal requirements.
Shellfire is free to introduce newer or different technologies, systems, practices or standards than primarily offered, if the customer does not experience any disadvantage from this.
Disposal of any business division of Shellfire or a change in property does not account for any extraordinary termination rights.
As far as legally allowed, the court of jurisdiction is Bad Vilbel. The applicable laws of the Federal Republic of Germany apply.
Should any clause of the contract be invalid or should the contract be incomplete, the remaining content of the contract remains untouched. The invalid clause is then replaced by a clause with a legally effective clause economically similar in its aim and sense. The same applies to eventual contractual gaps.