Terms and Conditions

§ 1 Scope, Contracting Parties

These General Terms and Conditions ("Terms") apply to all contracts for the services offered by ANTBOR GmbH, Parcusstraße 6, D-55116 Mainz, Germany ("Provider") — including domain registration and management, software development, hosting, and related add-on services — with consumers and businesses. A consumer within the meaning of these Terms is any natural person who enters into a transaction for purposes that are predominantly outside their trade, business, or profession (Sec. 13 BGB). A business is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their trade, business, or profession when concluding the contract (Sec. 14 BGB). Any conflicting or deviating terms proposed by the customer are rejected; they only become part of the contract if the Provider has expressly agreed to them in writing.

§ 2 Formation of Contract

The presentation of services in the online shop does not constitute a binding offer by the Provider, but an invitation for the customer to submit an offer (invitatio ad offerendum). By completing the order process (clicking the order button), the customer submits a binding offer to enter into a contract. The Provider confirms receipt of the order without delay by e-mail (order confirmation); this order confirmation does not yet constitute acceptance of the offer unless expressly designated as such. The contract is formed once the Provider renders the ordered service or separately declares acceptance of the order (e.g. by activating the domain or hosting package), but no later than upon receipt of an invoice.

For domain registrations, the Provider points out that registration additionally depends on acceptance by the relevant registry (e.g. DENIC for ".de", or the body responsible for the respective TLD) and may fail despite an order confirmation — for example because the requested domain has already been taken or violates the registry's allocation policies. In that case there is no entitlement to registration; any amounts already paid for a registration that did not come about will be refunded.

§ 3 Scope of Services for Domains

The Provider brokers domain registrations, acting as a reseller on the customer's behalf, with the relevant registry or its registrar. In addition to these Terms, the respective registration conditions of the body responsible for the chosen top-level domain (TLD) apply to the registration, management, renewal, and deletion of domains; these are disclosed to the customer prior to conclusion of the contract and must be separately confirmed by them. In the event of a conflict between these Terms and a registry's registration conditions, the registry's registration conditions take precedence for the domain concerned.

The customer is obliged to provide truthful and complete data for registration (including owner, contact, and nameserver data) and to keep it up to date throughout the contract term. The Provider is entitled to suspend or delete a domain if the registration requirements of the relevant registry are not, or are no longer, met, or if incorrect information was provided.

§ 4 Prices and Payment

The prices stated in the online shop at the time of ordering apply, including statutory VAT where applicable. Unless otherwise agreed, the fee becomes due at the start of the billing period. The billing period is the period for which a service is invoiced; it need not match the contract period (the period for which the contract is concluded or renewed) — for example, a multi-year contract period may be invoiced in shorter billing periods. Invoices are payable within 14 days of receipt. Payment is made using the payment methods offered during the order process (including credit card/SEPA via the payment service provider Stripe, as well as bank transfer).

If the customer pays by SEPA direct debit and the debit is reversed for a reason the customer is responsible for (e.g. insufficient funds), the Provider charges a processing fee of EUR 5.00 net. The customer remains free to demonstrate that no loss, or a significantly lower loss, was incurred.

If the customer falls into arrears with a payment, the Provider may, after prior notice, restrict or suspend the affected service until the outstanding amount has been settled. This does not affect the Provider's further rights, in particular the right to extraordinary termination.

The Provider is entitled to adjust the prices for domain renewals and hosting services with effect for future contract periods, in particular where and to the extent that the relevant registry, an upstream registrar, or another upstream supplier to the Provider increases its prices. The Provider will inform the customer of any such price adjustment in text form (e.g. by e-mail) at least 30 days before the end of the current contract period. If the customer does not object by the end of the current contract period, the price adjustment is deemed accepted. In that case, the customer is additionally entitled to terminate the affected contract as of the end of the current contract period; the Provider will separately point this out in the notice. Retroactive price increases for contract periods already underway are excluded.

§ 5 Term and Termination

The contract term, renewal interval, and any minimum contract term result from the information provided for the respective product during the order process. Unless terminated in time, the contract automatically renews for the respective agreed renewal period; an overview of the customer's active contracts and their next renewal date is available to the customer in the customer account.

Consumers may terminate contracts without a minimum term with 14 days' notice to the end of the respective contract period. For contracts with an agreed minimum term, ordinary termination is first possible upon expiry of that minimum term. For businesses, the terms and notice periods stated during the order process apply. Both parties' right to extraordinary termination for good cause remains unaffected; good cause exists for the Provider in particular where the customer breaches § 3 para. 2, falls significantly into arrears with payments, or misuses the services (e.g. sending spam, distributing unlawful content via hosted offerings).

Termination of a domain contract does not automatically result in deletion of the domain from the customer's account; it causes the domain not to be renewed at the end of the contract and to subsequently be removed from the Provider's local management in accordance with the rules of the relevant registry. A separate, early deletion by the customer themselves is not provided for.

Where deletion or non-renewal of a domain requires an additional confirmation from the customer under the rules of the relevant registry or the registrar engaged by the Provider, the Provider contacts the relevant registrar immediately upon receiving the termination request. The customer then receives an e-mail from the registrar containing a confirmation link, sent to the address stored in the customer account, and is obliged to complete this confirmation within 5 days of the e-mail being sent. To allow enough time for this confirmation to be completed, termination of a domain must be declared with at least 31 days' notice before the respective renewal date; with shorter notice there is an increased risk that the confirmation cannot be completed in time. If the confirmation is not completed in time, the termination is deemed not to have taken effect, with the result that the domain automatically renews at the prices applicable at the time of renewal. In that case, the Provider is entitled to charge the customer a flat processing fee of EUR 10.00 net in addition to the full renewal fee. The customer remains free to demonstrate that the Provider incurred no loss or expense, or a significantly lower loss or expense, as a result of the late confirmation.

§ 6 Right of Withdrawal

Consumers generally have a statutory right of withdrawal. Details are set out in the withdrawal notice provided separately to the customer during the order process. Since registration of a domain and setup of hosting services typically begin immediately after the contract is concluded, the Provider expressly informs the customer, before the order is placed, that their right of withdrawal expires once the service has been fully performed, if they consented to performance beginning immediately (Sec. 356 para. 4 BGB). The Provider obtains the corresponding consent, as well as acknowledgement of the resulting loss of the right of withdrawal, through a separate, logged declaration by the customer during the order process. If the customer does not give this consent, the Provider will only begin performing the service after the withdrawal period has expired.

§ 7 Liability

The Provider is liable without limitation for intent and gross negligence, in accordance with the Product Liability Act, for culpable injury to life, body, or health, and to the extent of any guarantee it has assumed. In the case of slightly negligent breach of material contractual obligations (cardinal obligations) — obligations whose fulfilment is a prerequisite for the proper performance of the contract in the first place and on whose observance the customer may regularly rely — the Provider's liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded. Otherwise, liability for slightly negligent breaches of duty is excluded.

The above limitations of liability also apply to damage arising because a relevant registry, an upstream registrar, or another upstream supplier engaged by the Provider fails to register, suspends, or deletes a domain, changes registration requirements, or takes other measures beyond the Provider's control. In particular, the Provider points out that ".de" domains may be deleted by DENIC without replacement if not technically connected in time, with no entitlement to restoration in that case; the Provider informs the customer of this where it has corresponding notices from the registry, but is not liable for the customer's failure to complete the technical setup. For the availability of third-party services (registries, payment service providers, infrastructure providers), the Provider is only liable to the extent it is at fault in their selection or engagement.

§ 8 Customer Obligations, Suspension

The customer is solely responsible for the content and operation of domains and hosting offerings provided through the Provider's services and undertakes not to distribute unlawful content and to comply with applicable law. The Provider is entitled to temporarily suspend services where there is a reasonable suspicion of misuse (e.g. legal violations, security risks to third parties) until the suspicion has been resolved; the customer will be informed of this without delay.

§ 9 Final Provisions

The law of the Federal Republic of Germany applies. Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.