Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Jakob Schulze und Lars Grimm Scyed GbR) via the scyed.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out. The offer is exclusively directed at customers with their place of residence or registered office in a member state of the European Union.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Registration as user
In order to book (and use) our services, registration as a user is required. This is free of charge and does not result in any obligation. As part of the registration process, a user account will be set up under your specified email address and the password you have chosen.
§ 3 Accessibility
(1) In accordance with § 14 Para. 1 No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website or our services in electronic commerce fulfil the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g. "Accessibility Statement" or similar) on our website and includes the following points in particular:
(3) We may use artificial intelligence (AI) and specialised tools to implement accessibility requirements on our website. This is intended to take into account a variety of possible disabilities, including visual, auditory, physical, linguistic, cognitive and neurological impairments. Further details can be found under the separate, appropriately labelled button on our website referred to in paragraph 1.
(4) Our Internet presence or our services in electronic business transactions are barrier-free if they can be found, accessed and used by people with disabilities in the generally customary manner, without particular difficulty and in principle without outside help.
(5) The measures for implementing the accessibility requirements include, for example, clearly recognisable font sizes and sufficient colour contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (if videos are integrated on the website), easy-to-read and understandable language, compatibility with all common screen readers (screen reading aids), adaptable display options for different end devices (smartphones, tablets, desktop computers, etc.).
§ 4 Top-up of credit
(1) To book and/or pay for our Internet services, it is necessary to top up credit, unless otherwise agreed.
Simply by placing the offer to top up credit in the customer area (login), we are submitting a binding offer to conclude a contract.
The contract for topping up 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 topping up the credit is displayed here as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop, or to the website of the instant payment system provider.
If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, you will be shown the order data as an order overview on the website of the instant payment system provider, or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking all the details once more, amending them or cancelling the order.
(1) We provide you with Internet services, in particular, web hosting or server hosting (hereinafter referred to as: “web hosting”) . The scope of services results from the service package booked by you and the service description stated in the respective offer.
As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item 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 stored in the "shopping cart". By clicking on the corresponding button in the navigation bar, you can call up the "Shopping Cart" and make changes there at any time.
After clicking the button "Checkout" or "Continue to order" (or similar designation) the input of your personal data as well as the terms of payment takes place. Finally, all order data is displayed here as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop, or to the website of the instant payment system provider.
If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, you will be shown the order data as an order overview on the website of the instant payment system provider, or after you have been redirected back to our online shop.
Before submitting the booking, you have the option of checking all the details once more, amending them (also using the “back” function of the Internet browser), or cancelling the booking.
By submitting the booking via the corresponding button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(3) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 6 Service provision for web hosting, obligations
(1) You must inform us immediately of any change in the data required for the performance of the contract. Passwords and other access data must be kept strictly confidential.
(2) You shall be obligated to design your domain and the contents accessible under it in such a way that excessive loading on our servers, e.g. by scripts requiring a high computing power or the use of an above-average amount of main memory, is avoided.We are entitled to exclude Internet pages or servers that do not meet the above requirements from access by you or by third parties. You will be informed of any such measure without delay.
(3) You guarantee that your domains and the contents accessible under them do not violate legal regulations or the principles of good moral behaviour, and do not infringe the rights of third parties. This applies, in particular, to the legal regulations on provider identification, copyright, trademark, personal and other property rights, distance selling legislation, competition law, criminal law and data protection law.We shall not be obligated to check your domains and the contents accessible under them for possible infringements of the law. Once we have identified any legal violations or inadmissible content, we shall be entitled to block the content and render the domain in question inaccessible. You will be notified of such measures without delay.You shall indemnify us against all claims arising from a breach of the above obligations for which you are responsible. This shall also apply to the costs of our necessary legal defence – including all court and legal representation fees.
(4) Unless otherwise stated in the respective offer, you must make backup copies of all data that you transfer to our servers on separate data carriers yourself. We shall not be responsible for the creation of backup copies. In the event of any data loss, you shall transfer the relevant data files to our servers again free of charge.
(5) Insofar as a certain data transfer volume (traffic) has been agreed, you shall be obligated to ensure that this traffic is not exceeded. The traffic is generally to be treated as “fair use”.
§ 8 Dissemination of terrorist content using our services
(1) The dissemination of terrorist content using our services is prohibited.
(2) Terrorist content within the meaning of Regulation (EU) 2021/784 on combating the dissemination of terrorist content online (TCO Regulation) is one or more of the following materials that contain or have the effect of
a) the incitement to commit any of the offences listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541, where such material directly or indirectly, for example by glorifying terrorist acts, advocates the commission of terrorist offences, with the associated risk that one or more such acts could be committed;
b) the designation of a person or a group of persons to commit or contribute to the commission of any of the offenses listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541;
c) the designation of a person or a group of persons to participate in the activities of a terrorist group within the meaning of Article 4(b) of Directive (EU) 2017/541;
d) instruction in the making or use of explosives, firearms or other weapons or noxious or hazardous substances or instruction in other specific methods or techniques with a view to committing or contributing to the commission of any of the terrorist offenses listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541;
e) a threat to commit any of the offenses listed in Article 3(1)(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 that is publicly disseminated using our services is reported to us via the reporting system set up for this purpose. The report is sent electronically to the contact point specified in the legal notice.
2. if it is a removal order from the competent authority, we will implement this within one hour of receiving the removal order at the latest, provided that the order does not contain any obvious errors or insufficient information. We will then immediately inform the competent authority and you of the measures we have taken to implement the removal order.
3. if it is not a removal order from the competent authority, we will check the content in question to determine whether it is a public dissemination of terrorist content using our services. We may use automated means for this purpose.
4. In the event that there is a public dissemination of terrorist content, we take measures to prevent its dissemination as quickly as possible. In particular, the following measures are available to us for this purpose, which we apply at our own discretion and with due diligence:
(4) You have the opportunity to lodge a complaint against the measures we have taken against you and to demand the restoration of removed or blocked content. The complaint must be made within one month after you have received the information pursuant to para. 3 no. 5. The complaint must be substantiated and sent by e-mail to the contact point stated in the legal notice. We will then examine the complaint and inform you of the result of our examination within two weeks of receipt of the complaint. If, after reviewing the complaint, it is determined that the measures taken by us were unlawful, we will revoke the measures and restore the content in question. If, after investigating the complaint, it turns out that the measures taken by us were lawful, we will inform you of this and provide you with the reasons for this decision.
§ 9 Moderation of content
(4) The data will be transferred immediately, but no later than 30 days after the end of the notice period for initiating the transfer process, unless a longer period is objectively necessary due to technical complexity or the volume of data. Should this be the case, we will inform you in writing or in text form within 14 working days of receiving the transfer request, stating the reasons and the expected duration. A period of 7 months shall not be exceeded. You are obliged to confirm receipt of the extension notification in writing or in text form within 3 days. You have the option of extending the above-mentioned period once for a period that is reasonable for you.
(5) You are obliged to take all reasonable measures to ensure an effective changeover within the agreed transition period. You are responsible for ensuring the import and implementation of the data and digital assets into the systems of the new provider or your own ICT infrastructure. You or a third party designated by you undertake to protect our intellectual property rights and trade secrets in the materials provided by us as part of the change process.
(6) If we charge costs for the change of provider, we will only charge the actual, verifiable and reasonable costs incurred. You will be informed of the amount of the costs in advance.
(7) You have the option of retrieving or deleting the data during the agreed period for data retrieval. The retrieval period is 30 days and only begins after the agreed transition period has expired. If this is necessary in the interests of both parties, a longer period may also be agreed with us. We undertake to delete all exportable data and digital assets generated by you or directly related to you after the agreed retrieval period has expired and the transfer process has been successfully completed. Upon request, we will provide you with a confirmation of deletion. This deletion does not apply to data that we are required to store due to statutory retention periods. We will inform you accordingly about the scope and storage period of this data.
§ 11 Termination of the switching process
(1) The subscription contract concluded between you and us has the term specified in the respective offer. A basic term of more than 2 years cannot be agreed.
(2) The contract ends automatically when the term expires; a notice of termination is not required.
(3) The right of each party to terminate the contract without notice for good cause shall remain unaffected. In particular, we have an extraordinary right of termination in the event of repeated violations of your obligations under these General Terms and Conditions. In the event of an extraordinary termination by us, you are obliged to pay compensation.
(4) Any notice of termination must be declared and transmitted either in text form (e.g. e-mail) or via the cancellation button integrated on our Internet presence ("Cancel contracts here" or similar designation).
§ 13 Special agreements related to the offered payment methods
Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "Stripe" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "Stripe" at https://stripe.com/de.
§ 14 Right of retention
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
§ 15 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Jakob Schulze und Lars Grimm Scyed GbR
Schulstraße 1
36286 Neuenstein
Germany
Telephone: +49 1590 1394376
E-Mail: info@scyed.com
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 Any costs incurred for money transfer (transfer fees or exchange rate fees of credit institutions) shall be borne by you in all the cases where the service is rendered in an EU member state, however the payment has been initiated outside the European Union.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
5.5 With the contract confirmation or with the beginning of each additional billing period, you shall receive an invoice from us by email for the fees incurred.
6. Statutory warranty right
The statutory warranty rights are applicable.
7. Contract duration / cancellation
Information on the contract term and the terms and conditions of termination can be found in the section “Contract term / Termination of subscription contracts” in our General Terms and Conditions of Business (Part I), and in the individual quotation.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Jakob Schulze und Lars Grimm Scyed GbR) via the scyed.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out. The offer is exclusively directed at customers with their place of residence or registered office in a member state of the European Union.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Registration as user
In order to book (and use) our services, registration as a user is required. This is free of charge and does not result in any obligation. As part of the registration process, a user account will be set up under your specified email address and the password you have chosen.
§ 3 Accessibility
(1) In accordance with § 14 Para. 1 No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website or our services in electronic commerce fulfil the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g. "Accessibility Statement" or similar) on our website and includes the following points in particular:
- a description of the applicable accessibility requirements;
- a general description of the service in an accessible format;
- descriptions and explanations necessary to understand how the service is provided;
- a description of how the service fulfils the relevant accessibility requirements.
Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen - Anstalt öffentlichen Rechts (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Telephone: +49 391 567 6970
Carl-Miller-Str. 6
39112 Magdeburg
Telephone: +49 391 567 6970
E-mail: kontakt@mlbf-barrierefrei.de
(4) Our Internet presence or our services in electronic business transactions are barrier-free if they can be found, accessed and used by people with disabilities in the generally customary manner, without particular difficulty and in principle without outside help.
(5) The measures for implementing the accessibility requirements include, for example, clearly recognisable font sizes and sufficient colour contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (if videos are integrated on the website), easy-to-read and understandable language, compatibility with all common screen readers (screen reading aids), adaptable display options for different end devices (smartphones, tablets, desktop computers, etc.).
§ 4 Top-up of credit
(1) To book and/or pay for our Internet services, it is necessary to top up credit, unless otherwise agreed.
Simply by placing the offer to top up credit in the customer area (login), we are submitting a binding offer to conclude a contract.
The contract for topping up 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 topping up the credit is displayed here as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop, or to the website of the instant payment system provider.
If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, you will be shown the order data as an order overview on the website of the instant payment system provider, or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking all the details once more, amending them or cancelling the order.
By submitting the order via the corresponding button, you declare your legally binding acceptance of the offer, subsequent to which the contract for the topping up of credit comes into effect.
(2) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must, therefore, ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not prevented by way of SPAM filters.
(3) The provision of service (activation of the amount of credit ordered) takes place immediately, but no later than 2 days after conclusion of the contract (in the event of agreed advance payment, only after the time of your payment instruction).
(4) The topped up credit can be used exclusively for the booking and/or payment of our Internet services.
You are entitled to a refund of the remaining credit after termination of the contract. The pay out of any topped-up credit during the term of the contract is excluded. For consumers, this shall only apply insofar as the cancellation period has expired or the right of cancellation has lapsed.
§ 5 Conclusion of the contract(2) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must, therefore, ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not prevented by way of SPAM filters.
(3) The provision of service (activation of the amount of credit ordered) takes place immediately, but no later than 2 days after conclusion of the contract (in the event of agreed advance payment, only after the time of your payment instruction).
(4) The topped up credit can be used exclusively for the booking and/or payment of our Internet services.
You are entitled to a refund of the remaining credit after termination of the contract. The pay out of any topped-up credit during the term of the contract is excluded. For consumers, this shall only apply insofar as the cancellation period has expired or the right of cancellation has lapsed.
(1) We provide you with Internet services, in particular, web hosting or server hosting (hereinafter referred to as: “web hosting”) . The scope of services results from the service package booked by you and the service description stated in the respective offer.
As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item 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 stored in the "shopping cart". By clicking on the corresponding button in the navigation bar, you can call up the "Shopping Cart" and make changes there at any time.
After clicking the button "Checkout" or "Continue to order" (or similar designation) the input of your personal data as well as the terms of payment takes place. Finally, all order data is displayed here as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop, or to the website of the instant payment system provider.
If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, you will be shown the order data as an order overview on the website of the instant payment system provider, or after you have been redirected back to our online shop.
Before submitting the booking, you have the option of checking all the details once more, amending them (also using the “back” function of the Internet browser), or cancelling the booking.
By submitting the booking via the corresponding button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(3) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 6 Service provision for web hosting, obligations
(1) Our service obligations result from the service description of the respective web hosting offer.
The service provision (activation of the booked service package, transmission of the access data) takes place, unless otherwise agreed, immediately, but no later than 2 days after conclusion of the contract (in the event of agreed advance payment, only after the time of your payment instruction).
(2) Insofar as we grant you full and sole administration rights on the servers provided within the scope of web hosting, you shall be solely and exclusively responsible for the administration and security of your server.
You shall be obligated to install the necessary security software, to constantly ascertain any security vulnerabilities that become known and to close them independently. The installation of maintenance programmes (or other software that we provide or recommend) do not release you from this obligation.
(3) Insofar as we provide programmes, you shall receive a non-exclusive right to use the programmes provided for the duration of the contract. You shall be obligated to comply with the respective licence conditions.
(4) You are also obligated to set up and manage your server in such a way that the security, integrity and availability of the networks, other servers, software and data of third parties are not endangered. In particular, you are prohibited from using the server for sending SPAM mails and (D)DoS attacks, or from operating open mail relays and other systems on the server through which SPAM mails and (D)DoS attacks can be spread. In the event of any violation, we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice.
(5) You shall not be entitled to have the same IP address assigned to the server for the entire term of the contract. We reserve the right to change this in the event of any technical or legal necessity, and to allocate you a new IP address in this context.
(6) We reserve the right to adapt the hardware and software used for the rendering of services to the respective standards of state-of-the-art technology, and to inform you in good time of any additional requirements for the content stored by you on our servers that may result from this. We undertake to make any such adaptations only to an extent that is reasonable for you, and in consideration of your legitimate interests.
§ 7 Further obligations on your part(2) Insofar as we grant you full and sole administration rights on the servers provided within the scope of web hosting, you shall be solely and exclusively responsible for the administration and security of your server.
You shall be obligated to install the necessary security software, to constantly ascertain any security vulnerabilities that become known and to close them independently. The installation of maintenance programmes (or other software that we provide or recommend) do not release you from this obligation.
(3) Insofar as we provide programmes, you shall receive a non-exclusive right to use the programmes provided for the duration of the contract. You shall be obligated to comply with the respective licence conditions.
(4) You are also obligated to set up and manage your server in such a way that the security, integrity and availability of the networks, other servers, software and data of third parties are not endangered. In particular, you are prohibited from using the server for sending SPAM mails and (D)DoS attacks, or from operating open mail relays and other systems on the server through which SPAM mails and (D)DoS attacks can be spread. In the event of any violation, we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice.
(5) You shall not be entitled to have the same IP address assigned to the server for the entire term of the contract. We reserve the right to change this in the event of any technical or legal necessity, and to allocate you a new IP address in this context.
(6) We reserve the right to adapt the hardware and software used for the rendering of services to the respective standards of state-of-the-art technology, and to inform you in good time of any additional requirements for the content stored by you on our servers that may result from this. We undertake to make any such adaptations only to an extent that is reasonable for you, and in consideration of your legitimate interests.
(7) We provide our services with an availability of 99% on a monthly average, unless a different availability is stated in the respective service offer. Downtimes due to regular or sporadic maintenance are included in this.
This, however, excludes those times when the server cannot be reached due to technical or other issues beyond the scope of our control (force majeure, fault of third parties, etc.).
(1) You must inform us immediately of any change in the data required for the performance of the contract. Passwords and other access data must be kept strictly confidential.
(2) You shall be obligated to design your domain and the contents accessible under it in such a way that excessive loading on our servers, e.g. by scripts requiring a high computing power or the use of an above-average amount of main memory, is avoided.We are entitled to exclude Internet pages or servers that do not meet the above requirements from access by you or by third parties. You will be informed of any such measure without delay.
(3) You guarantee that your domains and the contents accessible under them do not violate legal regulations or the principles of good moral behaviour, and do not infringe the rights of third parties. This applies, in particular, to the legal regulations on provider identification, copyright, trademark, personal and other property rights, distance selling legislation, competition law, criminal law and data protection law.We shall not be obligated to check your domains and the contents accessible under them for possible infringements of the law. Once we have identified any legal violations or inadmissible content, we shall be entitled to block the content and render the domain in question inaccessible. You will be notified of such measures without delay.You shall indemnify us against all claims arising from a breach of the above obligations for which you are responsible. This shall also apply to the costs of our necessary legal defence – including all court and legal representation fees.
(4) Unless otherwise stated in the respective offer, you must make backup copies of all data that you transfer to our servers on separate data carriers yourself. We shall not be responsible for the creation of backup copies. In the event of any data loss, you shall transfer the relevant data files to our servers again free of charge.
(5) Insofar as a certain data transfer volume (traffic) has been agreed, you shall be obligated to ensure that this traffic is not exceeded. The traffic is generally to be treated as “fair use”.
§ 8 Dissemination of terrorist content using our services
(1) The dissemination of terrorist content using our services is prohibited.
(2) Terrorist content within the meaning of Regulation (EU) 2021/784 on combating the dissemination of terrorist content online (TCO Regulation) is one or more of the following materials that contain or have the effect of
a) the incitement to commit any of the offences listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541, where such material directly or indirectly, for example by glorifying terrorist acts, advocates the commission of terrorist offences, with the associated risk that one or more such acts could be committed;
b) the designation of a person or a group of persons to commit or contribute to the commission of any of the offenses listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541;
c) the designation of a person or a group of persons to participate in the activities of a terrorist group within the meaning of Article 4(b) of Directive (EU) 2017/541;
d) instruction in the making or use of explosives, firearms or other weapons or noxious or hazardous substances or instruction in other specific methods or techniques with a view to committing or contributing to the commission of any of the terrorist offenses listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541;
e) a threat to commit any of the offenses listed in Article 3(1)(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 that is publicly disseminated using our services is reported to us via the reporting system set up for this purpose. The report is sent electronically to the contact point specified in the legal notice.
2. if it is a removal order from the competent authority, we will implement this within one hour of receiving the removal order at the latest, provided that the order does not contain any obvious errors or insufficient information. We will then immediately inform the competent authority and you of the measures we have taken to implement the removal order.
3. if it is not a removal order from the competent authority, we will check the content in question to determine whether it is a public dissemination of terrorist content using our services. We may use automated means for this purpose.
4. In the event that there is a public dissemination of terrorist content, we take measures to prevent its dissemination as quickly as possible. In particular, the following measures are available to us for this purpose, which we apply at our own discretion and with due diligence:
- Hiding or removing content,
- Deactivation of functions of our service,
- Blocking your customer account,
- Preventing you from accessing our services.
(4) You have the opportunity to lodge a complaint against the measures we have taken against you and to demand the restoration of removed or blocked content. The complaint must be made within one month after you have received the information pursuant to para. 3 no. 5. The complaint must be substantiated and sent by e-mail to the contact point stated in the legal notice. We will then examine the complaint and inform you of the result of our examination within two weeks of receipt of the complaint. If, after reviewing the complaint, it is determined that the measures taken by us were unlawful, we will revoke the measures and restore the content in question. If, after investigating the complaint, it turns out that the measures taken by us were lawful, we will inform you of this and provide you with the reasons for this decision.
(1) The publication of illegal content using our services is prohibited.
(2) We reserve the right to take action against you if illegal content is published or otherwise made accessible via your domain (hereinafter referred to as "moderation"). You are solely responsible for illegal content that is published or made accessible via your domain.
(3) Illegal content is in particular content
(2) We reserve the right to take action against you if illegal content is published or otherwise made accessible via your domain (hereinafter referred to as "moderation"). You are solely responsible for illegal content that is published or made accessible via your domain.
(3) Illegal content is in particular content
- which violate applicable copyright, trademark and competition law,
- whose publication constitutes a criminal offense or an administrative offense,
- which violate applicable data protection regulations or the obligation to provide provider identification,
- which are racist, discriminatory, offensive or glorify violence or otherwise violate personal rights or other fundamental rights,
- is harmful to minors or glorifies violence.
(4) In order to recognize illegal content and take action against the public dissemination of such content using our services, we apply the following procedure:
1. users of your domain as well as third parties can notify us of information about suspected illegal content that is published or otherwise made accessible via your domain using the reporting system set up for this purpose. The report is made electronically to the contact point specified in the legal notice in accordance with Regulation (EU) 2022/2065, via the contact form set up by us for this purpose or via other electronic means of communication provided by us.
2. we then check whether the content in question is illegal content in accordance with paragraph 3. This check is always carried out by humans and, if necessary, with the aid of automated means using algorithmic decision-making.
3. if our review shows that the content in question is illegal within the meaning of para. 3, we will take measures to prevent its dissemination as quickly as possible. In particular, the following measures are available to us for this purpose, which we apply at our own discretion and with due diligence:
1. users of your domain as well as third parties can notify us of information about suspected illegal content that is published or otherwise made accessible via your domain using the reporting system set up for this purpose. The report is made electronically to the contact point specified in the legal notice in accordance with Regulation (EU) 2022/2065, via the contact form set up by us for this purpose or via other electronic means of communication provided by us.
2. we then check whether the content in question is illegal content in accordance with paragraph 3. This check is always carried out by humans and, if necessary, with the aid of automated means using algorithmic decision-making.
3. if our review shows that the content in question is illegal within the meaning of para. 3, we will take measures to prevent its dissemination as quickly as possible. In particular, the following measures are available to us for this purpose, which we apply at our own discretion and with due diligence:
- Hiding or removing the content concerned,
- Deactivation of functions of our service,
- Blocking your customer account,
- Preventing you from accessing our services,
- terminating the existing contractual relationship with you.
When applying the measures, we proceed carefully, objectively and proportionately, taking into account the rights and legitimate interests of all parties involved as well as their fundamental rights, such as the right to freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
4. If we take measures against you in accordance with No. 3, we will inform you of the measures within the scope of our legal obligations and provide a justification.
(5) You have the opportunity to lodge a complaint against the measures we have taken against you and to demand the restoration of removed or blocked content or the lifting of the measures taken against you. The complaint must be made within one month after you have received the information pursuant to para. 4 no. 4. The complaint must be substantiated and sent by email to the contact point specified in the legal notice in accordance with Regulation (EU) 2022/2065. We will then review the complaint and inform you of the outcome of our review within two weeks of receipt of the complaint. If, after examining the complaint, it turns out that the measures taken by us were unlawful, we will repeal the measures and restore the content in question. If, after investigating the complaint, it turns out that the measures taken by us were lawful, we will inform you of this and provide you with the reasons for this decision.
§ 10 Change of provider / data portability
4. If we take measures against you in accordance with No. 3, we will inform you of the measures within the scope of our legal obligations and provide a justification.
(5) You have the opportunity to lodge a complaint against the measures we have taken against you and to demand the restoration of removed or blocked content or the lifting of the measures taken against you. The complaint must be made within one month after you have received the information pursuant to para. 4 no. 4. The complaint must be substantiated and sent by email to the contact point specified in the legal notice in accordance with Regulation (EU) 2022/2065. We will then review the complaint and inform you of the outcome of our review within two weeks of receipt of the complaint. If, after examining the complaint, it turns out that the measures taken by us were unlawful, we will repeal the measures and restore the content in question. If, after investigating the complaint, it turns out that the measures taken by us were lawful, we will inform you of this and provide you with the reasons for this decision.
(1) You have the right to switch to another provider of data processing services or to your own ICT infrastructure at any time (‘change of provider’).
(2) You are obliged to notify us of your intended change of provider with two months' notice. This notification must contain the following information:
- whether a complete or partial transfer of data, services and/or digital assets is to take place,
- whether the change is to another provider or to your local ICT infrastructure,
- or whether only a deletion of all data is to be carried out.
We will confirm receipt of the change request immediately by e-mail.
We will provide the technical and organisational support services necessary for the change to a reasonable extent and will cooperate with the new provider upon request. In doing so, we will ensure that the data and metadata provided enable functionally equivalent use and further processing by the new provider or in the target area operated by you, provided that they offer a technically comparable web hosting service.
(3) Support for changing providers includes, in particular:
a) the provision of all data generated, uploaded or stored by you or on your behalf in a structured, commonly used, interoperable and machine-readable format,
b) the transfer of this portable data to a new third-party provider to be named by you or to your ICT infrastructure on your own premises,
c) the provision of relevant information about data structures, interfaces, security measures and migration procedures, insofar as this is necessary for a successful switch,
d) the maintenance of a high level of security for your data throughout the entire transfer period,
e) exercising due care to maintain the continuity of your business operations and to continue to provide the functions or services specified in the contract,
f) informing you of any risks known to us within our sphere of influence that could prevent an uninterrupted change of provider.
(5) You are obliged to take all reasonable measures to ensure an effective changeover within the agreed transition period. You are responsible for ensuring the import and implementation of the data and digital assets into the systems of the new provider or your own ICT infrastructure. You or a third party designated by you undertake to protect our intellectual property rights and trade secrets in the materials provided by us as part of the change process.
(6) If we charge costs for the change of provider, we will only charge the actual, verifiable and reasonable costs incurred. You will be informed of the amount of the costs in advance.
(7) You have the option of retrieving or deleting the data during the agreed period for data retrieval. The retrieval period is 30 days and only begins after the agreed transition period has expired. If this is necessary in the interests of both parties, a longer period may also be agreed with us. We undertake to delete all exportable data and digital assets generated by you or directly related to you after the agreed retrieval period has expired and the transfer process has been successfully completed. Upon request, we will provide you with a confirmation of deletion. This deletion does not apply to data that we are required to store due to statutory retention periods. We will inform you accordingly about the scope and storage period of this data.
§ 11 Termination of the switching process
(1) The contract is deemed to have been terminated once the switching process has been successfully completed or, if you do not wish to switch but only want your stored data to be deleted, once the notice period has expired.
The change process is deemed to have been successfully completed if, after expiry of the notice period and the transition and data retrieval periods, the data deletion has been carried out as planned or in accordance with an alternative agreement.
(2) The termination of the change process does not affect existing contractual termination rights or other rights and obligations of the parties.
§ 12 Contract term, termination(1) The subscription contract concluded between you and us has the term specified in the respective offer. A basic term of more than 2 years cannot be agreed.
(2) The contract ends automatically when the term expires; a notice of termination is not required.
(3) The right of each party to terminate the contract without notice for good cause shall remain unaffected. In particular, we have an extraordinary right of termination in the event of repeated violations of your obligations under these General Terms and Conditions. In the event of an extraordinary termination by us, you are obliged to pay compensation.
(4) Any notice of termination must be declared and transmitted either in text form (e.g. e-mail) or via the cancellation button integrated on our Internet presence ("Cancel contracts here" or similar designation).
§ 13 Special agreements related to the offered payment methods
Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "Stripe" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "Stripe" at https://stripe.com/de.
§ 14 Right of retention
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
§ 15 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Jakob Schulze und Lars Grimm Scyed GbR
Schulstraße 1
36286 Neuenstein
Germany
Telephone: +49 1590 1394376
E-Mail: info@scyed.com
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 Any costs incurred for money transfer (transfer fees or exchange rate fees of credit institutions) shall be borne by you in all the cases where the service is rendered in an EU member state, however the payment has been initiated outside the European Union.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
5.5 With the contract confirmation or with the beginning of each additional billing period, you shall receive an invoice from us by email for the fees incurred.
6. Statutory warranty right
The statutory warranty rights are applicable.
7. Contract duration / cancellation
Information on the contract term and the terms and conditions of termination can be found in the section “Contract term / Termination of subscription contracts” in our General Terms and Conditions of Business (Part I), and in the individual quotation.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/