Terms of Service
1. GENERAL – SCOPE
1.1 The following terms and conditions apply to all business relationships between the customer and Cyberjazz.Agency, following named as “us”. The governing law is that which was valid when the contract was put into effect.
1.2 Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.
2. CONCLUSION OF THE CONTRACT
2.1 Our offers are subject to change. We reserve the right to make technical and other changes within reason.
2.2 Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt of the customer’s order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.
2.3 We are entitled to accept the offer of a contract (the order) within a period of 5 working days after receipt. We are also entitled to reject the order after examining the reliability of the customer.
3. SCOPE OF HOSTING SERVICES
3.1 The services offered are those valid at the time of the order based on the offer information, the order form, and the applicable monthly special offers.
3.2 Technical support services are not included in the offers. If needed or desired the user will be charged separately.
4. DATA INTEGRITY
4.1 Where data is transmitted to us, the customer is to back up their data regularly. The server will be backed up regularly by us when this is part of the offer. In the case of data loss, the customer must transfer the respective data to us again.
4.2 The customer is obliged to carry out a complete data backup before any changes are made.
4.3 The customer will receive a user ID and password for login purposes. This must be kept confidential. The client will be held liable for any malpractice resulting from the unauthorized use of the password. If the customer becomes aware that unauthorized third parties know the password, they must inform us without delay. If the customer is at fault for third-party password abuse, the customer will be liable for all user fees and damages. In suspicious cases, the client can request a new password, which we then send on to the clients.
5.1 Our data protection practice conforms to the Data Protection Act 1998.
5.2 Personal data of customers will only be collected and used, if they are required for the creation, content arrangement or modification of the contractual relationship. The client is obligated to update these data in its online
5.3 The client’s Email address will only be used for information on orders, for invoices and – provided that the client does not object – for customer care as well as for our newsletter if the client so wishes.
5.4 We do not give any personal client information to third parties, except for our service partners as far as they are required to determine the remuneration and settlement with the customer.
5.5 The client has the right to information and a right to amend, to suspend or to delete his saved information. If deletion conflicts with a legal or contractual duty to save information, or other legal grounds, the information will be made inaccessible.
6. PUBLISHED CONTENT
6.1 It is the customer’s responsibility to identify the Internet content as their own or as third-party content. The customer’s full name and address must be present. The customer is obliged to examine these provisions and to comply with them.
6.2 The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this.
The same applies if the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customers’ content.
6.3 The sending of spam mail is forbidden. This includes the sending of illegal, unsolicited advertising to third parties. With regards to the sending of Emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if it is not respected.
7.1 For direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence, we assume no liability.
7.2 With regards to contractors, we are not liable for
For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case, we are liable only for the contract-typical predictable damage, a maximum of 100% of the annual fee.
7.3 If the customer’s web content is in violation of paragraph 6 of obligations, particularly in violation of legal prohibitions or morality, they shall be liable to us for all the resulting direct and indirect damages, including property damage. In addition, the customer agrees to free us from all claims by third parties – no matter which kind – that may result from illegal internet content. The exemption obligation includes liability for all legal defense costs (e.g. court and attorneys’ fees).
8. TERMS OF PAYMENT
8.1 Depending on the contractual agreement, a monthly, quarterly or annual account will be issued. Monthly payments are conducted solely by issuing a debit authorization. All other payments are carried out through issuing an invoice. Payment is due immediately upon receiving the invoice.
8.3 We are entitled, and without a given warning, to claim a penalty fee on all overdue payments indicated on the invoices. The fee charged will be equal to 10 percent of the overdue amount, but will minimum be set to SGD 50.-
8.4 We are also entitled, in case of default payments, to block the internet presence of the customer and to block all other functions.
8.5 Invoices are sent by Email as attachments, on request with qualified signature. To receive invoices by ordinary post we are entitled to charge a reasonable service fee. For retrospective changes to invoices, which come about due to no fault of ours, we are entitled to charge a reasonable service fee.
9. CONTRACT DURATION and CANCELLATION period
9.1 Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.
9.2 The contract is cancellable without a giving reason by both parties at any time during a period of 90 days, to the end of the calendar month. However, all new contracts shall remain in force for at least 12 calendar months if no specific contract period has been stipulated in the contract. A cancellation can be done in by letter, email or via the secure online
9.3 We are also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination could be the case for not paying outstanding invoices for two consecutive months. Another important reason could be that the customer contravenes or ignores warnings about infringement of the requirements stipulated under Clause 6 or uses content, which affects the performance or the safety of the server.
Status: 4. September 2017