The following terms and conditions (Ts&Cs) are part of all contracts entered into with
BAM-Service UG (limited liability), hereinafter referred to as “the provider”, “the seller”, “we” or “us”. The client is referred to alternately as “the buyer”, “you”, “the consumer” or “the customer”. Terms and conditions in the version valid at the time of the contract signing are binding. The current version of the terms and conditions may be found on the provider's homepage (http://www.BAM-Service.com), or you may request the latest version. Should the customer / buyer require terms outside the specifications detailed herein, the customer must request variations in writing. Variations only become effective when the provider / seller countersigns them.
Product names, product images and logos are the intellectual property of the manufacturer / owner and may not be used without permission. All images displayed by the seller are not necessarily representative of the goods and / or services delivered.
§ 2.1 Right of withdrawal
You have the right to cancel this contract within 14 days without providing an explanation. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us (BAM-Service UG [limited liability] at our offices, 6 Zerkaller Street, Nideggen 52385, Germany. Alternatively, you may email us on info@BAM-Service.de, or call us on +49 (0) 2427 4349 5050. Fax service is also available: + 49 (0) 2427 4349 5059. Your withdrawal from the contract must be stated by means of a clear declaration (e.g., a letter sent by post, fax or email) of your decision to withdraw. You may fill out and submit the template withdrawal form provided in Section §2.4. We will confirm receipt of your revocation as soon as practicable in writing.
The revocation must be sent to:
BAM-Service UG (limited liability), Zerkaller Str. 6, 52385 Nideggen, Germany, Info@BAM-Service.de, Tel .: +49 (0) 2427/43495050, Fax: +49 (0) 2427/43495059
§2.2. Terms of withdrawal
If you withdraw from a contract, we will reimburse all payments that we have received from you, including service delivery costs (with the exception of any additional costs that result from choosing non-standard service options). Reimbursement will be made as soon as practicable, and at the latest within 14 days from the date on which we received notification of contract cancellation. We will use the same means of payment that you used for the original transaction, unless we agree on a different method beforehand. In no case will you be charged any fees for the repayment.
You must return any goods provided by BAM-Service UG to us as soon as practicable and no later than 14 days from the date on which you informed us of the contract cancellation. Goods must be returned in a secure way to BAM-Service UG (limited liability), 6 Zerkaller Street, Nideggen 52385, Germany. Goods sent but not received before the period of 14 days has expired fulfill this obligation. You bear the direct costs of returning the goods; we do not pay for the cost of returning goods. If a loss in value due to poor or negligent handling of the goods occurs, you are liable to pay us the costs to replace or repair the goods, whichever is cheaper. The direct costs of the return will be charged to you for all goods including those that, due to their nature, cannot normally be returned by post (e.g., freight forwarding of goods).
§2.3. Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated. The right of withdrawal does not apply in the case where goods are manufactured according to individual selection or determination by the consumer, or where goods are “bespoke”, e.g., clearly tailored to the consumer's specific requirements.
§2.4. Template contract withdrawal form
End of revocation
§3.0 Terms of payment
§3.1. Direct debit, prepayment, PayPal
Payment for goods and services may be made by direct debit, prepayment or PayPal. Public agencies, government departments, and large companies or institutions may pay on account. Invoices are payable immediately without deductions, rebates or discounts. Direct debit takes place 1 day after dispatch.
§3.2. Payment default
If you default on your payment, we reserve the right to charge you default interest at a rate of 5% above the respective base rate of the European Central Bank. In the B2B area, the statutory default interest applies.
§4.0. Data protection
In accordance with the Federal Data Protection Act and the Teleservices Act, only data for business purposes, and essential to providing our goods and services, are stored in our IT systems without your express consent. According to Section 33 of the BDSG, personal data are electronically processed and stored for billing purposes as part of the execution of the contract, and if necessary, forwarded to participating cooperating partners, various agents and service providers to the extent necessary required for billing purposes. For a domain registration, the necessary data are stored in the RIPE database, which is freely accessible worldwide.
In addition, we reserve the right to obtain credit information on the basis of mathematical or statistical procedures. Credit information may be obtained from Schufa or other credit agencies for the purpose of performing credit checks.
The customer is entitled to object to the use of their address for advertising purposes on our part. Customer data will not be passed on to third parties for commercial purposes.
§5.0. Retention of ownership
We reserve title to the delivered item until all claims from the delivery contract have been paid in full by the customer. We are entitled to recover the purchased item if the buyer behaves contrary to the contract.
§5.1. Obligations of the buyer
As long as ownership has not yet passed to the buyer, they are obliged to treat the purchased item with care. In particular, the buyer is obliged to insure high-value goods at their own expense against theft, fire and water damage at replacement value. If maintenance and inspection work must be undertaken, the buyer must carry this out in a timely fashion at their own expense. As long as ownership has not yet passed to the buyer, the buyer must notify BAM-Service UG immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the buyer is liable for the losses we incur.
The buyer is entitled to resell the reserved goods in the normal course of business. The purchaser hereby assigns the purchaser's claims from the resale of the reserved goods to us in the amount of the final invoice amount agreed with us (including VAT). This assignment applies regardless of whether the purchased item has been resold without or after processing. The buyer remains authorized to collect the claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the buyer meets his payment obligations from the proceeds received, is not in default of payment, and in particular, no application has been made to open insolvency proceedings or suspend payments.
§6.0. Provider services
The provider operates their own web server, which remains connected to the Internet at all times. The seller provides the customer with storage space on the seller’s computers for their own purposes. The information stored on the server can be queried worldwide via the Internet. Constant availability of the services cannot be guaranteed. The provider assumes an annual average of 95% availability of its services. This does not apply to times in which the web server cannot be reached via the Internet due to technical or other problems that are beyond the provider's control (force majeure, fault of third parties, etc.).
To generate statistics, log files are stored on the customer's virtual server. The log files consume part of the available storage space and can therefore be deleted by the provider at appropriate intervals to be determined by the provider. The customer can call up the log files from the server if necessary. The provider evaluates the log files only for the purpose of providing the customer with centrally prepared and condensed statistics based on customer information. Any further storage and use by the provider are excluded.
§6.1. Support services
Our monthly rental price for web storage space includes support via email and telephone for the services that the customer receives from the provider. There is no free support available for programming, application software, training courses and the like.
§6.2. Duration of contracts and notice periods
The contract is operational for an indefinite period. The customer is entitled to terminate the contract with a notice period of 4 weeks after a minimum term of 1 month. The provider is also entitled to terminate the contract with a notice period of 4 weeks. The right of the parties to terminate for reasons out of their control remains unaffected. Terminations must be made in writing to be effective. A tariff change is possible on the first of every month. Price changes will be communicated by email no later than 2 months before they come into effect. If the customer does not dispute the tariff change before the start date it comes into effect, the tariff change is considered accepted. Agreed discounts are set up immediately.
§6.3. Obligations of the customer
The customer guarantees that the content stored on the server does not violate applicable law. The customer also undertakes not to use the provider's services to store or distribute obscene, pornographic, racist, threatening or defamatory material. The customer will not infringe any trademark, patent or other rights of third parties (including the domain name). The customer is prohibited from storing illegal software (pirated copies), so-called crack programs, illegal audio / video files and accumulations of serial numbers on the provider's servers. The customer also undertakes to take the cultural and religious concerns of other participants into consideration and not to disseminate any illegal statements, in particular not to insult or threaten them, to persecute someone because of their race, political or other opinion, gender or any other reason, or to persecute them, either in words, pictures or other means of representation. Violations will lead to the termination of the contract without notice, and to the immediate blocking or deletion of the service package. Any claims for damages are at the expense of the customer.
The above provisions apply to references (hyperlinks)made by the customer to third-party content. If a customer violates these conditions, the provider is entitled to terminate the contractual relationship without notice.
In addition, the provider reserves the right to block content that could impair the normal operating behavior, the security of the server or prevent its operation. This applies in particular to CGI program modules that are not kept in the provider's program library. The customer is aware that all participants in the transmission path of the Internet generally have the opportunity to gain knowledge of the data being transmitted without authorization. The customer accepts this risk.
The customer undertakes to store the personal password for his access ID carefully, to protect it from third-party access and to protect it from misuse and loss. Furthermore, the customer must change the automatically assigned password as soon as practicable upon first connecting to the server. The customer is also responsible for charges that other persons, authorized or unauthorized, cause via his access code, unless the customer is not responsible for this. The customer must prove that they are not responsible for this.
§6.4. Domain name and trademark protection
Checking whether a desired domain name is available can only be carried out by BAM-Service UG without obligation. The provider does not guarantee an allocation. Due to variation in processing times, over which the provider has no influence, an assignment to a third party by the responsible NIC cannot be ruled out. The costs caused by a failed login attempt are borne by the customer. Unless otherwise agreed, registration takes place as a ".de" domain.
The maintenance of all domains is subject to the currently valid guidelines of the registry, e.g., DENIC for ".de" domains. Should these guidelines change, or should the framework conditions for the registration and maintenance of domains change, the provider and the customer should be prepared to adapt their contractual relationship accordingly.
If the contractual relationship is terminated, the provider will delete the domain names assigned to the contractual relationship. If domains are to be continued with another internet service provider, the provider will not obstruct the transfer. Conversely, it is also possible to incorporate existing domains into the contractual relationship with the provider. However, the provider does not guarantee a successful re-registration if the third-party provider does not approve. The customer is liable for all unsuccessful registration attempts.
The customer assures BAM-Service UG that, to the best of their knowledge, by registering or connecting the domain name and uploading their pages to the Internet, no rights of third parties will be violated, and no illegal purposes will be pursued. The customer acknowledges that they are solely responsible for the choice of domain names and declare themselves prepared to exempt the provider from all claims for damages by third parties in connection with the domain name registration or connection. If the customer is requested by a third party to give up an Internet domain because it allegedly violates third-party rights, the customer will inform the provider of this immediately. In such a case, the provider is entitled to waive the Internet domain on behalf of the customer.
§6.5. Unsolicited advertising
If the customer uses their account to send advertising emails without being asked to do so by the email recipient, the provider has the right to block the customer's account for an indefinite period. The same applies to the case of advertising postings in newsgroups.
The provider is only liable for damage to goods caused by gross negligence or intent by the provider, its legal representatives or one of its various agents, unless the damage concerns guaranteed properties. The above limitation of liability applies to contractual as well as non-contractual claims. Liability under the Product Liability Act remains unaffected. The provider is not liable for the functionality of infrastructure or transmission paths of the Internet that do not fall within the area of express responsibility of the provider or its various agents.
Damage to data or damage caused by misuse of data through criminal intrusion into the provider's computer can only be prevented to a certain extent. The provider cannot accept any liability for damage to data resulting from intrusion. The provider cannot accept any liability for disruptions to Internet services of any kind.
§7.0. Liability for defects (warranty)
§7.1. Manufacturing faults: If the purchased item is defective, the provisions of statutory liability for defects apply.
§7.2. Damage from transit: The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on statutory or contractual claims for defects.
§8.0. Software / Licenses / Literature
In many cases, the manufacturer's licensing terms extend beyond BAM-Service UG’s operations. Manufacturers’ licence terms apply to certain articles (e.g., software). By opening the sealed packaging or using the manufacturer’s goods, you accept their license conditions and are liable for any resulting damage if the manufacturer’s licencing terms are violated.
§9.0. Legal relationships and miscellaneous
§9.1. Legal relationships
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding laws governing the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state/nation in which the consumer has their habitual residence is not withdrawn.
§9.2. Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the contract or claims from the contract can be attributed to the customer's professional or commercial activity, and if the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the seller is entitled to contact the court within the state in which the customer is domiciled or has a registered office.
§9.3. Contract language
The language used in all of our contracts is German.
Ancillary agreements are only effective if they are in a written format. Should any provision of an ancillary agreement be or become invalid, the main contract and all other provisions shall remain valid. The disputed clause is to be replaced by one that comes as close as possible to the economic purpose of the original. German laws apply.
End of the general terms and conditions.