General Terms and Conditions Maintenance

1. Leadpeak® – a brand of Homepage Lieferanten GmbH, represented by Reemt Windmann and Norma Jeising, Magdalene-Schoch-Straße 5, 97074 Würzburg (hereinafter also referred to as the agency), offers services relating to website creation and online marketing.
2. Customers can order the creation or takeover of a website or order online marketing measures such as search engine marketing (SEA) or search engine optimization campaigns (SEO). Leadpeak® – a brand of Homepage Lieferanten GmbH then creates the ordered services and takes over the maintenance as part of the agreed maintenance service.
3. The following General Terms and Conditions (GTC) apply to the contractual relationship between Leadpeak® – a brand of Homepage Lieferanten GmbH and the customer as a framework agreement for maintenance, server and license services.

All terms used apply to both female and male customers, regardless of the language form.

§ 1 Scope of application

1. The following General Terms and Conditions (hereinafter “GTC”) apply exclusively in the version valid at the time of confirmation by the customer. Deviating terms and conditions of the user shall not be recognized unless Leadpeak® – a brand of Homepage Lieferanten GmbH expressly agrees to their validity. A lack of objection to third-party terms and conditions does not constitute consent.

§ 2 Subject matter of the GTC

1. By commissioning Leadpeak® – a brand of Homepage Lieferanten GmbH, the customer assigns the mandate to manage the website, to carry out updates independently and to take measures to ensure the operation of the website.
2. For this purpose, the customer transfers the management of the licenses subject to charge within the website to the agency.
3. In addition, Leadpeak® – a brand of Homepage Lieferanten GmbH manages the customer’s server or receives a third-party server fee if the customer wishes to receive maintenance services on a website outside the agency’s server.
4. The customer also receives technical support on demand via a defined support e-mail address. 

§ 3 Service obligations Maintenance

1. Leadpeak® – a brand of Homepage Lieferanten GmbH, offers various maintenance packages. The customer accepts a maintenance package by digitally signing the offer that includes the maintenance package.  
2. The service description is part of the respective signed offer. The GTC regulate the framework conditions for these specific services.
3. Maintenance services aredivided into non-working time-dependent services, working time-dependent services and support readiness .
4. Benefits that are not dependent on working hours are benefits that are provided regardless of the time worked. Which benefits fall into this category is specified in the offer.
5. Working time-dependent services are services that are to be paid for depending on the amount of work involved. Which services fall into this category is specified in the offer.  
6. Support readiness includes support via a support e-mail address provided. The availability is compensated by a minimum number of working hours for the working time-dependent area. The minimum quantity is specified in the offer. Unless otherwise agreed, support is available on weekdays (except Fridays) from 10 am to 4 pm and on Fridays from 10 am to 2 pm.  
7. Support tickets are initially billed using the agreed minimum budget. If additional working time is required to process the support ticket, this working time will be billed separately.  
8. Leadpeak® – a brand of Homepage Lieferanten GmbH is responsible for updates and backups as part of the maintenance contract. The frequency of updates and backups is specified in the respective offer. If the customer carries out updates or backups himself, he is responsible for any errors that may occur.

§ 4 Server management service obligations

1. Leadpeak® – a brand of Homepage Lieferanten GmbH undertakes to ensure that its servers are available 97% of the time on an annual average. This does not include times when the server cannot be reached due to technical or other problems beyond the control of Leadpeak® – eine Marke der Homepage Lieferanten GmbH (force majeure, fault of third parties, etc.). Leadpeak® – eine Marke der Homepage Lieferanten GmbH may restrict access to the services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data require this.
2. Leadpeak® – a brand of Homepage Lieferanten GmbH does not guarantee fixed server response times. 

§ 6 Performance obligations license management

1.  Leadpeak® – a brand of Homepage Lieferanten GmbH manages the licenses specified in the offer on behalf of the customer. The costs for the licenses are invoiced to the customer.
2. Leadpeak® – a brand of Homepage Lieferanten GmbH is entitled to use a collective license, also known as an agency license, instead of a single license and to offer software to customers via this license, as long as this agency license would not place the customer in a worse position than a single license.
3. Upon termination, the customer is informed of all chargeable licenses so that he can obtain his own license keys.

§ 7 Contract offer, conclusion of contract, termination of contract

1. Leadpeak® – a brand of Homepage Lieferanten GmbH is entitled to accept the customer’s application to conclude the contract within a period of 14 days after electronic ordering or other dispatch of the order by the customer.
2. The contract only comes into effect with the customer’s first payment.
3. Unless otherwise agreed, the contract is concluded for a term of 12 months. The contract shall be extended by 12 months or by the minimum term if it is not terminated with one day’s notice to the end of the specified period or the end of the minimum contract term.  
4. Access to the site and the associated e-mails can also be blocked whenever a customer is three months in arrears with the payment of a due service.
5. The right of both parties to terminate the contract without notice for good cause remains unaffected. An important reason exists for Leadpeak® – a brand of Homepage Lieferanten GmbH in particular if the customer
   1. is six months in arrears with a payment
   2. or culpably violates the award conditions or the award guidelines.
6. Notice of termination can be given by letter or e-mail. To ensure the authenticity of the declaration, notices of termination must be sent by e-mail using the e-mail address provided by the customer as the contact.

§ 8 Prices and payment

1. The prices are initially set in the offer. 
2. Any price adjustments will be communicated by e-mail. The customer has six weeks from notification to object to the price adjustment. If the customer does not object to the price adjustments, they shall be deemed to have been accepted.
3. Even without a reminder, the customer shall be in default if he does not pay the amount due within fourteen calendar days of receipt of the invoice. The decisive factor is that the amount is received by Leadpeak® – a brand of Homepage Lieferanten GmbH in the account specified on the invoice within this period.
4. The fees for maintenance, servers and licenses are due annually in advance. Other fees are to be paid by the customer in advance. The billing period is determined by the tariff ordered in each case (according to the current service description), but for a maximum of twelve months. Separate agreements with the customer shall take precedence.
5. The customer may only offset our claims against uncontested or legally established claims.

§ 9 Liability

1. Leadpeak® – eine Marke der Homepage Lieferanten GmbH shall only be liable for damages if Leadpeak® – eine Marke der Homepage Lieferanten GmbH or one of its vicarious agents has breached an essential contractual obligation (cardinal obligation) in a way that jeopardizes the purpose of the contract or if the damage is attributable to gross negligence or intent on the part of Leadpeak® – eine Marke der Homepage Lieferanten GmbH or one of its vicarious agents. 
2. The liability of Leadpeak® – a brand of Homepage Lieferanten GmbH for warranted characteristics, personal injury and mandatory statutory provisions remains unaffected.
3. Within the scope of application of the TKG, the liability regulation of § 44a TKG remains unaffected in any case.
4. The customer himself is responsible for compliance with all legal provisions applicable to the operation of his website and other Leadpeak® – a brand of Homepage Lieferanten GmbH products.

§ 10 Obligations of the customer

1. The customer warrants that the data and content provided to Leadpeak® – eine Marke der Homepage Lieferanten GmbH are correct and complete. The customer undertakes to inform Leadpeak® – eine Marke der Homepage Lieferanten GmbH immediately of any changes to the data and content provided and to reconfirm the current accuracy within 15 days of receipt upon request from Leadpeak® – eine Marke der Homepage Lieferanten GmbH. This applies in particular to the name, postal address, e-mail address and telephone number of the technical contact person for the domain, the name, postal address, e-mail address and telephone number of the administrative contact person for the domain and, if the customer provides its own name servers: In addition, the IP addresses of the primary and secondary name servers, including the names of these servers.
2. The customer must retrieve incoming messages in his e-mail inbox at regular intervals of no more than four weeks. 
3. Email inboxes may only be used for processing email traffic. In particular, it is strictly forbidden to use e-mail inboxes as storage space for other files and data that go beyond the usual e-mail traffic.
4. The customer undertakes to keep passwords received from Leadpeak® – a brand of Homepage Lieferanten GmbH for the purpose of accessing its services strictly confidential and to inform the provider immediately as soon as it becomes aware that the password is known to unauthorized third parties. Should third parties use the services of Leadpeak® – eine Marke der Homepage Lieferanten GmbH through the customer’s fault by misusing the passwords, the customer shall be liable to Leadpeak® – eine Marke der Homepage Lieferanten GmbH for usage fees and damages.
5. The customer undertakes not to send or have sent any e-mails containing spam advertising without the express consent of the respective recipient. 
6. It is also prohibited to send mass e-mails with more than 50 e-mails (called newsletters in common parlance) via the mail server of Leadpeak® – a brand of Homepage Lieferanten GmbH. 
7. Leadpeak® – a brand of Homepage Lieferanten GmbH is entitled to block access immediately if the customer breaches one of the aforementioned obligations.
8. The customer is obliged to provide his homepage with a provider identification (“Imprint”) in accordance with the legal requirements. At regular intervals, the customer receives imprint suggestions from Leadpeak® – a brand of Homepage Lieferanten GmbH. He may or may not accept these imprint suggestions, but is in any case responsible for his own imprint.
9. The customer is responsible for the content of his domain. He must ensure that the data displayed on the website or accessible via the website does not infringe the rights of third parties. The customer assumes full liability for ensuring that the data entered or uploaded complies with competition, labeling, naming and copyright laws.
10. If third parties assert claims against Leadpeak® – eine Marke der Homepage Lieferanten GmbH due to actual or alleged infringement of rights in connection with the domain or the website, Leadpeak® – eine Marke der Homepage Lieferanten GmbH is entitled to immediately place the customer’s domains managed by Leadpeak® – eine Marke der Homepage Lieferanten GmbH in the care of the registrar and to block the customer’s corresponding presence.

§ 11 Place of jurisdiction, applicable law

1. The exclusive place of jurisdiction for all disputes arising from this contract is Würzburg if the customer is a merchant, a legal entity under public law, a special fund under public law or has no place of jurisdiction in Germany. Leadpeak® – a brand of Homepage Lieferanten GmbH is also entitled to sue the customer at his general place of jurisdiction. The law of the Federal Republic of Germany shall apply exclusively to contracts concluded by Leadpeak® – eine Marke der Homepage Lieferanten GmbH and to claims of any kind arising from them.