CONDITIONS.

GENLOC.NETWORK

Owner: Manfred Klöppel
Breitscheider Str. 12
D- 40625 Düsseldorf
– hereinafter referred to as GENLOC.NETWORK –
in the version of January 2025

A. General Regulations

Subject to the special provisions in Part B, the following General Terms and Conditions apply to all transactions.

§ 1 Subject matter of the regulation

1.1 These terms and conditions apply to all current and future contracts, deliveries, and other services, unless expressly modified or excluded by GENLOC.NETWORK in writing. The customer's terms and conditions are expressly rejected. They will not be recognized even if GENLOC.NETWORK does not expressly object to them again after receiving them. The terms and conditions valid at the time of the order apply. These will be made available to the customer for download in their current version.

1.2 No oral side agreements were made by the contracting parties. Subsequent additions or amendments to the concluded agreements must be in writing. Oral waivers of the written form requirement are excluded.

1.3 GENLOC.NETWORK is entitled to amend and supplement these terms and conditions with a notice period of 6 weeks for future services. If the customer does not object within a period of 2 weeks, the amended terms and conditions will become effective as the basis of the contract for future business transactions.

1.4 The respective services and deliveries will be defined in separate contracts to be concluded on the basis of these General Terms and Conditions.

1.5 Offers from GENLOC.NETWORK are always subject to change and non-binding. Orders are only considered accepted when they have been confirmed by GENLOC.NETWORK in writing via email, fax, or post. This order confirmation forms the basis for the scope of services.

1.6 We reserve the right to make changes to the contractual performance during the production or delivery period. This applies provided that the changes are standard practice and reasonable for the customer. Technical specifications are subject to industry-standard tolerances.

§ 2 Terms of Payment

2.1 All prices quoted are exclusive of value added tax (VAT) at the rate applicable at the time of performance. Where recurring services are owed, the VAT rate applicable at the time the respective invoice becomes due shall apply.

2.2 Shipping fees will be charged for the delivery or return of materials, depending on the agreement.

2.3 Payment is due on the agreed payment dates or upon delivery. All payments are due without deduction. Unless otherwise agreed, the payment schedule is divided into thirds. One-third of the total amount is due upon order placement, one-third upon interim acceptance, and one-third upon final acceptance.

2.4 In case of late payment or deferral, statutory interest will be charged – currently 9 percentage points above the base interest rate.

2.5 Costs arising from special services as well as services resulting from incorrect or incomplete customer information or unverifiable complaints or improper system use shall be borne by the customer.

2.6 GENLOC.NETWORK is entitled to increase regularly due usage fees by providing the customer with three months' written notice. In the event of a fee increase exceeding 10%, the customer is entitled to terminate the agreement with due notice, observing the applicable notice periods. At least six months must elapse between two fee increases.

2.7 The customer may only offset claims of GENLOC.NETWORK with counterclaims that have been legally established or are undisputed.

2.8 The customer's rights of retention are excluded if and to the extent that they are not based on the same contractual relationship from which the customer asserts his right of retention.

2.9 In the event of late payment by the customer, GENLOC.NETWORK is entitled to restrict the contractually agreed services in whole or in part. This may include, in particular, the following measures:

• Deactivation of websites or services.
• Denial of access to administrative areas.
• Intentionally slowing down loading times or data delivery to optimize server resources.

These measures will only be taken after a written reminder and a 14-day grace period for settling the outstanding debts. Services will be reinstated after full payment.

§ 3 Retention of title

The services provided under this contract remain the property of GENLOC.NETWORK until full payment of the agreed price. This also applies to services delivered on data carriers or transmitted online, as well as to all accompanying materials. If only usage rights are granted, the above provision applies accordingly to data carriers to be delivered.

§ 4 Deliveries and Services

4.1 GENLOC.NETWORK provides services itself or through third parties in accordance with the order confirmations or other contracts. Services not included in the standard offer are billed according to time spent at fixed hourly rates as per the price list/offer. For services that GENLOC.NETWORK performs at a location other than its business premises at the customer's request, travel expenses and other costs may be charged.

4.2 Once GENLOC.NETWORK provides internet applications, GENLOC.NETWORK pays license fees or rental fees for them. GENLOC.NETWORK is therefore entitled to restrict or discontinue these services if the customer fails to meet their payment obligations, even partially.

4.3 The customer is obligated to accept the services and deliveries in a timely manner. Partial deliveries are permitted if their acceptance does not entail disproportionate expenses for the customer and the benefit of the service is not significantly impaired.

4.4 The dates and deadlines specified by GENLOC.NETWORK are non-binding unless expressly agreed otherwise in writing. All delivery and performance dates are also subject to GENLOC.NETWORK receiving correct and timely delivery from its own suppliers. They commence on the date of order confirmation by GENLOC.NETWORK and, subject to all other rights, are extended by the period during which the customer is in default of payment. Subsequent change or addition requests from the customer may result in a reasonable extension.

4.5 All events of force majeure or overriding technical circumstances (global internet outage) and their consequences release the party from the obligation to perform its contractual duties for the duration of such events. This also applies to such circumstances affecting GENLOC.NETWORK's suppliers.

4.6 GENLOC.NETWORK will only be in default if the customer has given it written notice of a grace period of at least four weeks. In the event of default, the customer is entitled to default compensation amounting to 0,5% of the invoice value of the deliveries and services affected by the delay for each completed week of delay, but not exceeding a total of 5%. Further claims, in particular claims for damages, are excluded, subject to the more detailed liability provisions of Section 8.

4.7 GENLOC.NETWORK is committed to using generally accepted or industry-standard technologies for its internet applications. The service is considered rendered when the display is correct and responds within a reasonable timeframe using a standard application (e.g., a browser, Google Chrome). Display and application speed are considered reasonable when other internet applications respond comparably. GENLOC.NETWORK strives to maintain compatibility with previous versions of standard browsers in addition to the current version. The following browsers are accepted as standards: Google Chrome, Microsoft Edge, Mozilla Firefox, Apple Safari, and Opera.

4.8 Use of premium plugins and licenses

• Provision of premium plugins: As part of certain hosting packages, GENLOC.NETWORK offers its customers the use of premium plugins. These plugins are provided based on agency licenses and may only be used within the scope of the hosting agreement.
• Limited license usage: The use of the premium plugins is contingent upon a valid contract with GENLOC.NETWORK. Upon termination of the contract or a change of provider, the provision of the licenses expires, as they cannot be transferred to the customer.
• Customer acquisition: It is the customer's responsibility to acquire their own licenses for the relevant premium plugins if they wish to continue using them when changing hosts or terminating the contract.
• Disclaimer: GENLOC.NETWORK is not liable for any costs or limitations that may arise from acquiring your own licenses when changing hosters.

§ 5 Participation of the customer

5.1 For websites containing individual and customer-specific elements, the customer has a duty to cooperate. This consists in particular of providing suitable documents in digital or printed form. If preparation from a design perspective is necessary, either the customer or GENLOC.NETWORK may commission a third party to do so. The costs are borne by the customer, and if agreed upon, the customer receives the copyright for this work.

5.2 The customer's obligation to cooperate also includes providing the documents on time. Delays in providing these documents may lead to changes in the schedule by GENLOC.NETWORK. Any services already rendered by GENLOC.NETWORK will be considered partial services for invoicing purposes.

5.3 The customer also undertakes to regularly check the individual information within the internet applications and to promptly notify the company in writing (e.g., by email) of any changes, such as those to addresses, telephone numbers, employees, etc. This also applies to regional and other links requested by the customer.

5.4 If the customer independently publishes content within his internet applications, he undertakes to comply with all legal conditions that apply in particular to internet publications.

5.5 GENLOC.NETWORK reserves the right to reject orders based on their content, origin, or technical format according to uniform, objectively justified principles of GENLOC.NETWORK if their content violates laws or official regulations, or if their publication is unacceptable to GENLOC.NETWORK. The client will be notified immediately of any order rejection.

§ 6 Originator- and Property rights

6.1 Copyright and ownership rights to the provided internet applications remain fully with GENLOC.NETWORK even after payment has been received from the customer. Reproduction or use of such texts, images, graphics, and sounds in other electronic or printed publications or by copying is not permitted without the express consent of GENLOC.NETWORK. All information concerning the applications and other documents must be treated confidentially by the customer. This information may only be used within the scope of the respective contract, and confidentiality must be maintained even with respect to third parties and the customer's own employees.

6.2 For web programming by GENLOC.NETWORK, the copyright notices in the source code must not be removed by the customer. The customer must also pass this obligation on to all third parties.

6.3 The right of use refers exclusively to the agreed internet address.

6.4 Copyright for documents (texts, images, graphics) supplied by the customer remains with the customer. If third-party copyrights are infringed by documents supplied by the customer and GENLOC.NETWORK is held legally liable as a result, the customer shall be responsible for the legal consequences.

6.5 GENLOC.NETWORK assumes no liability for the registration of domain names, particularly regarding existing trademark rights to company or product names that are identical or similar to the domain name. A domain is generally registered in the customer's name. GENLOC.NETWORK acts only as an intermediary with DENIC or INTERNIC. Should a customer be requested by a third party to release a domain, the provider must be informed immediately. If GENLOC.NETWORK is the provider, GENLOC.NETWORK must be informed immediately. The user indemnifies GENLOC.NETWORK against any claims for damages by third parties arising from the unauthorized use of a domain name. The user is solely responsible for complying with these rights, which are not regulated by DENIC. GENLOC.NETWORK assumes no liability for damages or consequential damages arising from the registration and provision of an internet domain.

§ 7 warranty

7.1 The statutory regulations apply, in particular those of the German Civil Code (BGB) and the German Commercial Code (HGB).

7.2 The customer's commercial obligations to inspect and report defects remain unaffected.

§ 8 Liability

8.1 GENLOC.NETWORK shall only be liable for damages that did not occur to the delivered item itself – regardless of the legal grounds.

a) in case of intent,
b) in the case of gross negligence on the part of the organs or senior employees,
c) in the event of culpable injury to life, body, or health,
d) in the case of defects that GENLOC.NETWORK has fraudulently concealed or whose absence GENLOC.NETWORK has guaranteed.

8.2 In the event of a culpable breach of essential contractual obligations, GENLOC.NETWORK shall also be liable in the case of gross negligence on the part of non-managerial employees and in the case of slight negligence, in the latter case limited to the typical, reasonably foreseeable damage.

8.3 Further claims are excluded.

§ 9 Usage guidelines

9.1 User Obligations: Pornographic, immoral, or right-wing extremist political websites, as well as depictions of violence, are not permitted and will be blocked on our servers. If websites violate applicable law, a report will be filed with the relevant state criminal investigation offices.

9.2 The user is responsible for the content of the offers distributed via the server and must ensure that the offer does not violate copyright regulations or legal provisions, and that compliance with legal requirements and official regulations is guaranteed. Should GENLOC.NETWORK become aware of any violations in this regard, GENLOC.NETWORK reserves the right to block the offer in question.

9.3 The user is obligated to design their website in such a way as to avoid excessive server load, e.g., through CGI scripts that require high computing power or consume an above-average amount of memory. GENLOC.NETWORK is entitled to block access to pages that do not meet the above requirements, either by the customer or by third parties. GENLOC.NETWORK will inform the customer of any such action without undue delay.

9.4 The user is obligated to keep passwords transmitted to him secret and, in case of suspected misuse by unauthorized third parties, to inform GENLOC.NETWORK of this suspicion.

§ 10 Data security

The customer indemnifies GENLOC.NETWORK against all claims relating to data provided. Insofar as the data, in any form whatsoever, is transmitted to GENLOC.NETWORK, the customer is obligated to back up the data. In the event of data loss, the customer is obligated to provide the affected data free of charge.

§ 11 Privacy Policy

If personal data is processed as part of GENLOC.NETWORK's work, GENLOC.NETWORK will comply with applicable data protection law. Furthermore, the necessary security measures will be implemented or agreed upon with the client to ensure the required level of data protection.

§ 12 General Terms and Conditions – Jurisdiction

12.1 Should one or more provisions of these terms and conditions or of the further terms and conditions and agreements based on them be or become invalid, or should a gap be found in them, the validity of the remaining provisions shall not be affected and an appropriate, permissible regulation shall apply in place of the invalid provisions or to fill the gap, which the contracting parties intended or would have intended according to the meaning and purpose of the terms and conditions, had they considered the invalidity or gap.

12.2 The place of performance for all contractual services and the place of jurisdiction is – if the customer is not a consumer within the meaning of Section 13 of the German Civil Code (BGB) – the registered office of GENLOC.NETWORK. However, GENLOC.NETWORK may also sue the customer at the customer's place of jurisdiction.

12.3 The parties agree that all legal relations arising from this contractual relationship shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

B. Special regulations

Insofar as GENLOC.NETWORK offers additional services such as web design, website programming, hosting, ASP or similar, the following special provisions apply in addition to or – insofar as they contradict – in modification of the General Provisions laid down under A.:

§ 1 License for Programs / ASP

1.1 The copyright holder of the programs covered by this agreement is GENLOC.NETWORK or one of its business partners who has authorized their continued operation. GENLOC.NETWORK grants the customer a non-exclusive right to use these programs (license). If and to the extent that the customer receives licenses from GENLOC.NETWORK for multiple licenses of the program, the following terms of use apply to each of these licenses, as well as to program components that are made available to the customer by GENLOC.NETWORK on the basis of Application Service Providing (ASP). In this case, the term "program" includes the original program and all reproductions (copies) thereof. This includes parts of the program that are combined with other programs. Furthermore, the license terms of GENLOC.NETWORK's business partners apply.

1.2 The customer is obligated to ensure that each user of these programs uses them exclusively within the scope of this license agreement and complies with it. The customer may only use the program on one computer at a time. This excludes ASP modules. "Use" in this context means as soon as the program is in the main memory or on a storage medium of a computer, or, in the case of ASP modules, upon initial login to the system. Any license fees charged by GENLOC.NETWORK are based on the frequency of use, such as the number of users, resources, or a combination of both. If access to a program is controlled by a license management program, copies may be made and stored on all machines under the control of this license management program; however, usage may not exceed the total number of permitted users or resources. The customer may perform data backups in accordance with best practices and create the necessary backup copies for this purpose. The manual may be printed on paper, if available. Copyright notices may not be altered or removed by the customer.

1.3 Any use other than that described above is prohibited; this also applies to conversion into another form of expression (ReverseAssembleReverseCompile). Exceptions to this prohibition are conversions that are expressly and mandatorily required by law. The customer may also neither rent, lease, nor sublicense the program.

1.4 If the customer uses ASP modules, they may only rent and lease these if and to the extent that this has been approved in writing in advance by GENLOC.NETWORK.

§ 2 Web hosting, in particular claims for damages

2.1 Claims for damages due to the operational failure of an internet server can be asserted up to the amount of one month's fee for the booked hosting package if the downtime exceeds 72 hours (continuously (without interruption)).

2.2 Due to various factors beyond the control of GENLOC.NETWORK (line failures), 100% server availability cannot be guaranteed.

2.3 GENLOC.NETWORK is responsible for creating data backups (creating local backups) of user data. GENLOC.NETWORK accepts no liability for any damage to data transferred to the server.

§ 3 Server and Provider services

3.1 GENLOC.NETWORK operates the offered server services with the utmost care, reliability, and availability. However, GENLOC.NETWORK does not guarantee that these services will be accessible without interruption or that the desired connections can always be established.

3.2 In the event of service outages due to a disruption outside the control of GENLOC.NETWORK, particularly due to communication network failures, disruptions at internet server operators, and operator gateways, the customer is only entitled to a price reduction in cases of significant disruption. Otherwise, a refund will only be issued if GENLOC.NETWORK or one of its agents or subcontractors caused the error through at least negligence and the downtime exceeds 12 hours.

3.3 GENLOC.NETWORK reserves the right to shut down any domain/website subjected to a DoS (Denial of Service) or DDoS (Distributed Denial of Service) attack and to terminate the corresponding contract without notice, effective immediately. If the customer operates a website that is attractive to DoS attacks (e.g., political/polarizing statements, sweepstakes, etc.), the customer may be billed for any resulting damages. Neither the operator of the attacked website nor any other customer whose website is hosted on the same server may derive any claims of any kind from a (possibly temporary) shutdown of a server or individual advertising page necessitated by a (D)DoS attack. GENLOC.NETWORK cannot prevent a (D)DoS attack.

GENLOC.NETWORK will address malfunctions of its technical equipment within the scope of existing technical and operational capabilities only during office hours (Monday to Friday, 9:00 AM to 5:30 PM). Exceptions require a written agreement, for example, a Service Level Agreement (SLA).