General terms and conditions of AVENTER UG (haftungsbeschränkt)

Important notice: This English text is an informational translation. The German version is the contractual version and prevails in the event of discrepancies. The source text states that German is the sole contract language.

§1 Applicability and definitions

(1) These general terms and conditions apply to all deliveries and services between AVENTER and a consumer in the version valid at the time of the order.

(2) A “consumer” is any natural person who enters into a legal transaction for purposes that cannot be attributed primarily to their commercial or self-employed professional activity.

(3) A “client” is any natural person who enters into a legal transaction for purposes attributable to their commercial or self-employed professional activity.

(4) These provisions apply to orders made through our websites http(s)://www.aventer.biz and http(s)://www.flexhosting.biz, and to the acceptance of an offer issued by AVENTER.

§2 Formation of contract and storage of the contract text

(1) If a contract is concluded, it is concluded with:

AVENTER UG (haftungsbeschränkt)
Andreas Peters
Köllner-Chaussee 144
D-25337 Kölln-Reisiek

(2) For an individual offer request, the client requests an offer and AVENTER issues a written offer. The offer becomes binding after written acceptance.

(3) For remote support or data recovery, the client receives an invoice at the end of the service for the hours performed. Billing is calculated by the minute. If the service exceeds one hour, AVENTER consults the client or consumer. The client or consumer may refuse additional work; AVENTER then stops the work.

(4) For LoRa services at lora.sh, the client receives a monthly invoice for the agreed prices.

(5) For orders through the website, the contract text is stored by making these terms available at http://www.aventer.biz/.

(6) When a user account is created at https://mastodon.aventer.biz, https://travel-friends.chat or https://matrix.aventer.biz, the contract is concluded automatically when the account is created.

§3 Prices, shipping costs, payment and due date

(1) Stated prices include statutory VAT and other price components.

(2) Consumers may pay by PayPal or credit card (Visa, Mastercard) through PayPal.

(3) Clients may pay by bank transfer, PayPal or credit card (Visa, Mastercard) through PayPal.

§4 Right of withdrawal

Right of withdrawal

A consumer may withdraw their contractual declaration in text form (for example by letter or email) within one month without giving reasons. A client may withdraw within two weeks without giving reasons. The period begins when this notice is received in text form, but not before the ordered service is activated and not before the statutory information duties have been fulfilled. Timely dispatch of the withdrawal or the item is sufficient to meet the deadline.

The withdrawal must be sent to:

AVENTER UG (haftungsbeschränkt)
Andreas Peters
Köllner-Chaussee 144
D-25337 Kölln-Reisiek

Consequences of withdrawal

If a withdrawal is effective, the services received by both parties must be returned and any benefits obtained, such as interest, surrendered. If the received service cannot be returned wholly or in part, or can only be returned in a deteriorated condition, compensation may be owed. Refunds must be made within 30 days. The period begins for the consumer when the withdrawal is dispatched and for AVENTER when it is received.

Special notes

For a service, the right of withdrawal expires prematurely if the contractual partner has begun performing the service with the consumer’s express consent before the withdrawal period ends, or if the consumer has initiated performance themselves.

End of the withdrawal notice.

§5 Contract language

The sole contract language is German.

§6 Duties and obligations of consumers and clients

Consumers and clients are responsible for the content of their websites and transmitted data, including Matrix, Mastodon and email messages. They must use AVENTER’s services properly and comply with applicable telecommunications law and the rules of conduct applicable on the internet and in the relevant services.

In particular, they undertake:

not to use AVENTER’s services to violate German law or internationally recognised rules of international law, including incitement to hatred and discrimination based on skin colour, race, sex, religion, origin or ideology, or to encourage such a violation;
not to offer or cause to be offered pornographic content or profit-oriented services containing pornographic or erotic content, and not to register a website with search engines using keywords that violate statutory prohibitions, public morals or third-party rights. For each violation, a contractual penalty of EUR 5,100 may be owed;
not to send advertising emails without the express consent of the recipient, in particular not to distribute mass messages with the same content (“spamming”);
to identify content placed on their website as their own content, stating their full name and address, and to indemnify AVENTER against third-party claims based on a breach of these duties;
to regard banners displayed on their website as use by the consumer or client;
to respect third-party patents, trademarks, copyrights, licences and other rights, and to indemnify AVENTER against claims arising from their use or infringement;
to follow recognised data-security principles, comply with German data-protection law, keep passwords secret and change them immediately if unauthorised persons may have learned them;
to inform AVENTER immediately about disruptions affecting contractual services and potentially requiring action by AVENTER or a third party commissioned by AVENTER; and
to make regular backups of electronic data. The nextCloud service offered by AVENTER is not a backup service and does not remove the duty to maintain a local client backup.

If these duties are breached, AVENTER may terminate the contractual relationship without notice in cases involving the prohibitions in points 2 and 3, and in other cases after an unsuccessful warning. AVENTER may also block the domain and return it to the responsible NIC organisation.

AVENTER is not obliged to check a consumer’s or client’s website for legal violations. After becoming aware of violations or impermissible content, AVENTER may remove, block or delete the relevant pages at any time and will inform the consumer or client promptly. No claim for damages arises from this measure; AVENTER retains the full claim for the consideration.

A consumer or client may present other companies, goods and services on the web server. AVENTER may object if its own interests are affected, especially if competitors are presented. The consumer or client remains liable for the third-party presentation.

§7 Domain registration, indemnification and domain disputes

When obtaining or maintaining internet domains, AVENTER acts only as an intermediary between the consumer or client and DENIC or another domain-registration organisation. AVENTER has no influence on the allocation of domains and gives no guarantee that a search for available domains is correct, that requested domains will be allocated, that allocated domains are free of third-party rights or that they will remain available. The consumer or client indemnifies AVENTER against third-party claims arising from an impermissible use of a domain.

The consumer or client guarantees that the requested domain does not infringe third-party rights and indemnifies AVENTER, the Internet Corporation for Assigned Names and Numbers (ICANN), Network Solutions Inc. (NSI), DENIC and other persons involved in registration against claims and expenses resulting from impermissible use of the domain.

For .com, .net and .org domains, the consumer or client acknowledges that disputes concerning trademark, name or other rights are to be resolved under the ICANN Uniform Domain Name Dispute Resolution Policy (UDRP). The consumer or client must assert their rights in UDRP proceedings. Licensed registrars may be required to delete or transfer the domain in accordance with a UDRP decision unless the consumer or client proves within ten days that court proceedings have been brought against the successful opponent.

During court or arbitration proceedings concerning such a domain, and for fifteen days after the final decision, the domain may not be transferred to a third party unless the third party is bound by the decision in the same way.

§8 Liability

AVENTER is liable only where it breaches a material contractual obligation in a manner endangering the purpose of the contract, or where the damage is caused intentionally or by gross negligence. Liability for injury to life, body or health remains applicable in cases of intentional or negligent breach of duty. Unless there is intent or gross negligence (or negligence in cases involving life, body or health), liability is limited to the foreseeable damage at the time of contracting.

To the extent permitted by law, liability is excluded for data loss, lost profits, other financial losses, consequential damage and indirect consequential damage. In transactions between businesses, liability for gross fault is also limited to the damage typically arising from transactions of this kind. Liability for destruction or alteration of recorded data requires in every case that the consumer or client ensured that the data could be reconstructed from machine-readable material at reasonable expense.

The same rules apply to vicarious agents and statutory representatives of AVENTER. Claims for damages become time-barred no later than one year after the statutory limitation period begins, except for claims based on intent, gross negligence, injury to life, body or health, or fraudulent misrepresentation.

§9 Maintenance periods

General maintenance takes place on Fridays from 21:00 until Sunday at 01:00. Services offered by AVENTER may be unavailable during this period.

Network work, emergency work and security-patch installation by AVENTER or its data-centre operator may take place Monday to Sunday from 21:00 to 09:00 without prior notice. Services may be unavailable during this period.

§10 Data volume

Where AVENTER states that data volume is unlimited, this means a fair-use flat rate.

§11 Software risk

Software is sold in its current state. By using the software, the consumer or client confirms that use is at their own risk. Any damage caused by the software is also at their own risk. AVENTER does not guarantee that software will be further developed, error-free, uninterrupted, reliable or secure.

§12 Ownership

(1) Software, web developments, documents, illustrations, algorithms, source code, scripts and website designs developed by AVENTER for a consumer or client remain the property of AVENTER even after termination, completion or cancellation of the project. The consumer or client receives lifelong rights to use and further process them.

(2) Devices and data remain the property of the consumer or client. AVENTER receives no ownership, usage or other rights in them, except the right to possess and use them as necessary to provide the services. AVENTER retains all ownership, usage and other rights in the provision of the services, including improvements and extensions.

The client of AVENTER undertakes to operate the business supported by AVENTER in accordance with EU social and environmental-protection rules. If AVENTER obtains information about social or environmental deficiencies at the client, AVENTER may terminate the contracts unilaterally.

§14 Termination

Unless otherwise agreed, the consumer or client may terminate a product or service at the end of a month in writing or by email to support. Termination is performed immediately without a grace period or further enquiry. Contributions already paid are not refundable.

§15 Customer assurances

(1) The customer acknowledges and guarantees that they are legally capable of concluding binding contracts; are fully authorised to accept these terms; and that all information supplied in connection with the order is truthful, accurate, complete and not misleading.

(1.1) For data-recovery services, the customer additionally confirms that they own the devices or have the owner’s permission; handing over the devices or data does not violate third-party rights or legal obligations; they are legally entitled to grant access; and the devices contain no material infringing intellectual-property rights or violating applicable law. AVENTER may request documentary proof and suspend or refuse the service until proof is supplied.

(2) For data recovery, the customer acknowledges that devices or data may already be damaged before receipt and that attempts to perform the service may destroy or further damage them. AVENTER will act with reasonable care but is not responsible for existing or additional damage unless these terms provide otherwise.

§16 Indemnification

The customer must indemnify AVENTER fully against all claims, costs, damage, liabilities, expenses, including legal expenses, demands and judgments asserted against AVENTER as a result of or in connection with the customer’s acts or omissions relating to the contract and these terms.

Version: July 2024