Service and Usage Agreement

General Terms and Conditions (GTC)
of the primaserv.de project by EpicJump Systems
(represented by Dominik Jetten) for the primaserv.de online shop

§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider

EpicJump Systems | primaserv.de
Dominik Jetten
Ekkehardstraße 94
78224 Singen (Hohentwiel)
Germany

via the website primaserv.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is hereby objected to.

(2) A consumer, within the meaning of the following regulations, is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of internet services.
(2) In the event of a contract being concluded, the contract is made with

Dominik Jetten
Ekkehardstraße 94
78224 Singen (Hohentwiel)
Germany

(3) Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(4) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". After going through the ordering process, you submit a binding offer to us by sending the order via the "order with obligation to pay" button.
(5) The acceptance of the offer takes place immediately after the order by confirmation in text form (e.g., email). If you do not receive a corresponding message, you are no longer bound by your order.

§ 3 Prices, Payment and Late Payment Fees
(1) The stated prices include the statutory value-added tax. Any shipping costs will be added.
(2) The customer has the option of payment by prepayment, PayPal, instant transfer, and direct debit via the service provider GoCardless.
(3) If an invoice is not paid within 7 days from the invoice date, we reserve the right to temporarily deactivate all affected products and services.

§ 4 Customer Responsibility for Server and Administration
(1) The customer is solely responsible for the administration, maintenance, and security of their server and operating system. This includes, in particular, software updates, configuration changes, security settings, and general maintenance measures.
(2) Hardware damage is excluded from this, for which we assume responsibility within the framework of the statutory warranty or individually agreed serviceleistungen.
(3) Customers who require more comprehensive support or cannot carry out the administration independently have the option of booking additional service contracts or managed service products.

§ 5 Liability
(1) We are not liable for the content of the websites or servers of the customers. Each customer is solely responsible for ensuring that their content does not violate applicable law.
(2) Websites or servers with illegal content will be blocked or deleted without prior notice.
(3) The customer is liable for damages resulting from misuse or improper configuration, in particular for attacks on our infrastructure or through the use of unauthorized software (e.g., mining software, DDoS tools).

§ 6 Service Availability
(1) The provider guarantees a server availability of at least 99% on an annual average.
(2) Downtimes due to force majeure, unforeseeable events, or necessary maintenance work are excluded from this.

§ 7 Data Protection and Data Processing
(1) The customer is obliged to provide their data completely and correctly. Changes must be communicated immediately.
(2) Personal data will be treated in accordance with applicable data protection regulations.
(3) After the contract ends, the customer can request the complete deletion of their data.

§ 8 Right of Withdrawal
(1) All information regarding the right of withdrawal can be found at: https://primaserv.de/content/widerruf

§ 9 Language, Jurisdiction and Applicable Law
(1) The contract is concluded in German.
(2) The law of the Federal Republic of Germany applies exclusively.
(3) The place of jurisdiction for disputes is Singen (Hohentwiel), unless the customer is a consumer.

Last Updated: February 2024