The following General Terms and Conditions of Oy Crea Nova Hosting Solutions LTD, shall apply to all and any services offered by Oy Crea Nova Hosting Solutions LTD. Oy Crea Nova Hosting Solutions LTD’s domain registration conditions shall additionally apply to the domain registration procedure. Oy Crea Nova Hosting Solutions LTD’s special web hosting tariff conditions shall additionally apply to the web hosting tariff.
Oy Crea Nova Hosting Solutions LTD’s General Terms and Conditions shall also apply where the customer him/herself uses General Terms and Conditions and these are opposed to or derogate from Oy Crea Nova Hosting Solutions LTD’s General Terms and Conditions. The General Terms and Conditions shall also apply where Oy Crea Nova Hosting Solutions LTD becomes aware of opposing conditions of the customer or conditions of the customer derogating from the conditions stated herein and nonetheless performs the customer’s order without reservations. Derogating or opposing General Terms and Conditions of foreign contracting partners shall also not become a component of the contract. This shall apply unless they are confirmed in writing by Oy Crea Nova Hosting Solutions LTD by letter mail.
Oy Crea Nova Hosting Solutions LTD’s General Terms and Conditions shall also be included in future contracts with previous customers without this necessitating a separate agreement to this end.
Oy Crea Nova Hosting Solutions LTD shall be entitled to amend these General Terms and Conditions with a suitable notice period. If the customer not does not object to the amendment within a period set by Oy Crea Nova Hosting Solutions LTD when notifying the amendment, the amendment shall be deemed to have been approved as per the date announced. Oy Crea Nova Hosting Solutions LTD shall be obliged to inform the customer in the amendment notification that the amendment only becomes effective if the customer does not object to it within the period notified to him/her.
2. Conclusion, term and termination of contract
Either the sending of the order form created online in written form to Oy Crea Nova Hosting Solutions LTD or the transmission of an electronic statement where this is offered shall be deemed as a commission from the customer for taking up a service of Oy Crea Nova Hosting Solutions LTD. A commission shall only be deemed to have been accepted with legal effectiveness when Oy Crea Nova Hosting Solutions LTD explicitly states its acceptance or on provision of the service and making the service available by Oy Crea Nova Hosting Solutions LTD, e.g. by sending the access data.
Unless otherwise agreed, the term of the contract shall be four (4) weeks. The contract can be ordinarily terminated by both contracting partners at any time with a notice period of 14 days to the end of the respective contract term or of the advance payment period. If no termination is made, the contract shall be automatically extended, depending on the accounting period and the respective payment method. If the contract is not terminated prior to expiry of the contract term, it shall be extended by the contractually-agreed term, but by a maximum of one (1) year.
The contract term selected by the customer shall also be the accounting period. Depending on the contract term and on the resultant accounting period, Oy Crea Nova Hosting Solutions LTD shall grant to the customer a discount of up to 20 percent on the marked products.
If the contractual relationship is ended prior to expiry of the agreed contract term by means of termination by Oy Crea Nova Hosting Solutions LTD because of conduct on the part of the customer that is in breach of contract, the latter shall be obliged to pay the contractually-agreed remuneration for the period from the early termination date until the contractual termination date. Where the customer was granted a price reduction, this shall not be taken into account when calculating the remuneration claim.
Oy Crea Nova Hosting Solutions LTD shall be entitled, at its option, either to calculate the specific damage which it has incurred as a result of the early termination of the contract, or to demand a lump-sum compensation amount.
If Oy Crea Nova Hosting Solutions LTD opts for a lump-sum compensation amount, the customer shall pay 15 percent of the remuneration due for the time from the early termination of the contract until the contractual termination date, without applying any discount. The customer shall however be explicitly permitted to prove that no damage has been incurred or that such damage is considerably less than that asserted with the 15-percent lump-sum compensation amount.
Oy Crea Nova Hosting Solutions LTD herewith reserves the right to assert further statutory claims regardless of the above provision.
The right of both parties to extraordinary termination for cause shall remain unaffected thereby. Cause shall apply to Oy Crea Nova Hosting Solutions LTD in particular where the customer
a. culpably acts in breach of a contractual obligation, despite a reminder;
b. fails to remedy a breach of contract or rights violation within a suitable period, despite a reminder.
Both ordinary and extraordinary termination shall require to be in writing in order to be effective. Termination shall take place as letter mail, fax, .pdf document or via the ticket system in the customer menu (KCM), and must be signed. Terminations by e-mail shall not be accepted. Once the termination has been received, the customer shall receive a written confirmation of receipt, stating the end of the contract, via the ticket system, e-mail or post.
Partly derogating conditions regarding termination shall apply to the domain registration relationship, which are drawn up in separate Domain Business Conditions.
3. Services to be provided by Oy Crea Nova Hosting Solutions LTD
Oy Crea Nova Hosting Solutions LTD must meet its service obligations in line with the service description of the respective product.
2. Oy Crea Nova Hosting Solutions LTD shall provide to the customer a dedicated, operational computer system or storage space on a virtual server, based on the Keymachine®, in a computer centre. Oy Crea Nova Hosting Solutions LTD’s responsibility here shall consist of making available to the public the data from the customer stored in accordance with the contract via the network maintained by Oy Crea Nova Hosting Solutions LTD and the Internet linked therewith. Network availability shall be at least 99 % averaged over the year to the point of transfer to the Internet. The customer is herewith notified that Oy Crea Nova Hosting Solutions LTD is only responsible for availability insofar as the impossibility of access is caused by the part of the network which it operates or by the webserver itself. Oy Crea Nova Hosting Solutions LTD shall be obliged to take all reasonable action to guarantee the maintenance of network operation and network integrity.
Oy Crea Nova Hosting Solutions LTD shall remain entitled to expand services, to take action to adjust the services to technical developments and/or to make improvements. This shall apply above all if an adjustment appears necessary in order to prevent abuse, or if statutory provisions oblige Oy Crea Nova Hosting Solutions LTD to effect adjustments.
Oy Crea Nova Hosting Solutions LTD herewith undertakes to only provide technical support to the customer in the context of what has been contractually agreed. Oy Crea Nova Hosting Solutions LTD shall not provide any further free support unless other agreements were made in writing.
4. General obligations of the customer
The customer must meet the following obligations, amongst others.
The customer shall provide to the provider his/her full name and a postal address at which documents may be served (not a P.O. Box or other anonymous address), e-mail address and telephone number. The customer herewith warrants that the information provided by him/her is correct and complete. He/she herewith undertakes to inform Oy Crea Nova Hosting Solutions LTD promptly of any change to the contact data provided, as well as to the further data required to implement the contract. Alterations to data may be made via the customer menu (KCM) or via a report to Oy Crea Nova Hosting Solutions LTD by post, fax or e-mail.
Where data of the customer are transmitted to or stored on the Oy Crea Nova Hosting Solutions LTD account/server, Oy Crea Nova Hosting Solutions LTD herewith points to the need to make backup copies. To this end, Oy Crea Nova Hosting Solutions LTD recommends the customer to make backups at regular intervals.
If the customer commissions Oy Crea Nova Hosting Solutions LTD to back up the data, the customer must examine the data backed up by Oy Crea Nova Hosting Solutions LTD promptly and at regular intervals for completeness and suitability for data reconstruction. The customer must inform Oy Crea Nova Hosting Solutions LTD of any deviations immediately.
The customer shall receive a login name and a login password to maintain his/her account/server. He/she shall be obliged to treat these confidentially, that is to keep the passwords that have been received secret and to change them regularly. The customer shall be liable for any misuse resulting from the unauthorised use of the password. The customer shall inform Oy Crea Nova Hosting Solutions LTD promptly as soon as he/she learns that the password is known to unauthorised third parties.
Oy Crea Nova Hosting Solutions LTD cannot maintain the server if the customer has sole administrator rights. The customer hence shall have sole responsibility for the content and security of the server. The customer herewith enters into the obligation to set up and maintain his/her servers in such a way that the security, integrity and availability of the networks, other servers, as well as software and data of third parties or of Oy Crea Nova Hosting Solutions LTD, are not placed at risk. It shall be his/her obligation to install security software, to regularly obtain information on security loopholes which become known and to close known security loopholes. If Oy Crea Nova Hosting Solutions LTD provides security or maintenance programs, this shall not release the customer from his/her obligation.
The customer shall have sole responsibility for the domain itself, as well as for all and any content which the customer keeps in accessible form or stores on the webserver. This shall also apply where the content is stored on another webserver than Oy Crea Nova Hosting Solutions LTD and is only available via a domain or sub-domain that is registered via Oy Crea Nova Hosting Solutions LTD. Within his/her obligation to adhere to the statutory and contractual provisions, the customer shall also be responsible for the conduct of third parties operating on his/her behalf, in particular of vicarious agents and assistants. This shall also apply to other third parties to whom he/she knowingly provides access data to the services of the provider. The customer may not invoke having carefully selected and regularly monitored his/her vicarious agents/assistants. Oy Crea Nova Hosting Solutions LTD shall not be obliged to check the customer’s webserver for any breaches.
5. Utilisation, adherence to statutory provisions, third-party rights
The customer is aware that the structure of the Internet makes it possible to tap into data that are transmitted. Oy Crea Nova Hosting Solutions LTD shall not be liable for breaches of the confidentiality of e-mail messages or of information transmitted by other means.
The customer herewith releases Oy Crea Nova Hosting Solutions LTD from all and any liability vis-a-vis third parties for the content of web sites transmitted to the account/server.
The customer shall not breach valid laws, principles of morality and third-party rights, such as copyright, trademark rights, rights to names, data protection rights, etc., with its Internet presence, the content that is available, data that are stored and banners that are used. In case of breaches of valid law, Oy Crea Nova Hosting Solutions LTD may terminate the contract without giving notice and immediately block the account/server. In such a case, all and any services shall be ceased with immediate effect and access to the customer’s information blocked. Contrary to No. 2 § 8 of these General Terms and Conditions, no prior warning shall be necessary therefor.
6. Invoicing, payment, payment arrears
Customers shall receive their invoice on provision of the service and/or delivery of the goods, e.g. when access data are sent. Payment shall be effected as a matter of principle via the agreed payment method (credit card/transfer – invoice/PayPal/SEPA direct debit within Europe) and by the due dates. Transfers shall be deemed to have made in good time when the amount is credited to Oy Crea Nova Hosting Solutions LTD’s account. This shall also apply to cheque payments.
Customers who have selected the SEPA direct debit procedure for payments within Europe shall receive a corresponding mandate reference to carry out the SEPA mandate (Single Euro Payments Area). In conjunction with the Oy Crea Nova Hosting Solutions LTD Creditor Identifier, these identifiers are used to collect SEPA direct debits both as an entitlement and to collect a direct debit. With regard to invoices that are due, Oy Crea Nova Hosting Solutions LTD shall additionally provide appropriate debiting information in the Key Control Management Center (KCM) at least one day prior to the due date. The customer herewith undertakes to ensure sufficient account balance.
Unless otherwise agreed, invoices shall be due for payment within 7 (seven) calendar days after their receipt. If the customer is a trader, Oy Crea Nova Hosting Solutions LTD shall be entitled in the event of payment arrears to charge default interest of 8 percentage points above the base rate p.a., but at least 5 percent per year, from the due date until the payment is received. If the customer falls behind with the payment of an invoice which is due, all and any outstanding invoices shall become due for immediate payment. Oy Crea Nova Hosting Solutions LTD shall be entitled to charge a reminder fee of 8.00 € per reminder. This shall not apply to the first reminder. In the event of a correct direct debit being returned, the direct debit debtor can be charged the cost of the chargeback in accordance with the statutory provisions. Should the credit card transaction be refused by the credit card-issuing bank, the customer shall also pay the return fees incurred.
Should it become evident subsequent to conclusion of the contract that justified doubt exists as to the ability of the customer to pay, Oy Crea Nova Hosting Solutions LTD shall be entitled to refuse to provide services until the customer has made an advance payment.
The customer shall receive from Oy Crea Nova Hosting Solutions LTD for the service period an electronic invoice in the Key Control Management Center (KCM). The invoice can be downloaded and printed out. The online invoice shall be deemed to have been received by the customer as soon as it is available to him/her in his/her customer area of the KCM and has hence become available to him/her. The customer herewith declares his/her consent thereto. Should the customer wish to receive the invoice by post, Oy Crea Nova Hosting Solutions LTD shall be entitled to charge a suitable fee therefor per accounting period.
Oy Crea Nova Hosting Solutions LTD’s claim to remuneration shall not be affected by a temporary period of blockage of services for a period which is relatively inconsiderable. The customer shall not have any claims for defects in this case. The provisions of this paragraph shall not apply if the temporary blockage of services was caused by gross negligence or intent by Oy Crea Nova Hosting Solutions LTD.
Where, despite having received a reminder, the customer does not effect a payment that is due within the subsequent period set in the reminder, Oy Crea Nova Hosting Solutions LTD shall be entitled, regardless of further statutory claims, to refuse to provide services to be provided by Oy Crea Nova Hosting Solutions LTD where the subsequent period has expired without event, until the payment that is due has been received, plus the payment of any reminder fees, default interest and any other default compensation, and in particular to cease any outstanding deliveries and to block accounts/servers.
Oy Crea Nova Hosting Solutions LTD shall be entitled to effect suitable fee increases. These shall be deemed to be suitable if they must be carried out as a result of statutory amendments (e.g. increase in VAT rate) or for other unavoidable reasons. If the customer is a consumer, the price increase may be a maximum of 10 % of the previous net price. The consent of the customer must be obtained for any fee increase. Consent shall be deemed to have been given if the customer does not object to the increase within one (1) month of receiving the amendment notification. Oy Crea Nova Hosting Solutions LTD herewith undertakes to notify the customer with the amendment notification of the consequences of failing to object. If an objection to the price increase is received from the customer, Oy Crea Nova Hosting Solutions LTD shall have a special right of termination. This clause shall not apply to services which are to be provided within four months of conclusion of the contract unless this relates to the provision of services in the context of continuing contracts.
7. Guarantees, maintenance work
In order to be able to ensure the guaranteed availability, it is necessary to carry out regular maintenance work on the network infrastructure. To this end, Oy Crea Nova Hosting Solutions LTD may temporarily interrupt or restrict its services. The benchmark that is applied is to plan and implement such work for the benefit of the customer. Should this not be possible in the case of longer work, Oy Crea Nova Hosting Solutions LTD shall inform the customer of the nature, extent and duration of the impairment. Should it not be possible to inform the customer comprehensively and immediately in the case of unforeseeable incidents, Oy Crea Nova Hosting Solutions LTD shall be entitled to not inform the customer until a notification would not cause a delay to remedying the restrictions.
Should the customer notice faults, he/she shall be obliged to inform Oy Crea Nova Hosting Solutions LTD promptly thereof and to support Oy Crea Nova Hosting Solutions LTD in remedying any such faults. The customer shall take all appropriate action to ensure that his/her data are backed up.
Oy Crea Nova Hosting Solutions LTD shall not provide any guarantee that the account/server is suitable or permanently available for a specific service or for specific software. Oy Crea Nova Hosting Solutions LTD however guarantees vis-a-vis the customer that the hardware and software used or provided by Oy Crea Nova Hosting Solutions LTD works at the time of provision under the pertaining operational conditions and with normal maintenance.
If the functionality of the product is impaired because of content which is not in compliance with the contract or because of utilisation over and above that which is provided for in the contract (No. 5 (3)), the customer shall not be entitled to make Oy Crea Nova Hosting Solutions LTD responsible for disruptions caused thereby. In the event of force majeure, Oy Crea Nova Hosting Solutions LTD shall be released from the service obligation. This shall include in particular official acts where these are not caused by culpability on the part of Oy Crea Nova Hosting Solutions LTD.
Regardless of the legal cause, Oy Crea Nova Hosting Solutions LTD shall only be liable in accordance with the provisions below.
Oy Crea Nova Hosting Solutions LTD or one of its vicarious agents shall only be liable in accordance with the statutory provisions in case of intent and gross negligence. Should Oy Crea Nova Hosting Solutions LTD or one of its vicarious agents breach a major contractual obligation, i.e. a “cardinal duty”, in a manner that is injurious to the purpose of the contract, liability shall be limited to the typical damage which Oy Crea Nova Hosting Solutions LTD could sensibly predict on conclusion of the contract, unless the breach of duty was committed with intent or gross negligence.
This liability limitation shall not apply to an injury to life, limb and/or health or in case of liability in accordance with the provisions of the Product Liability Act (Produkthaftungsgesetz).
Oy Crea Nova Hosting Solutions LTD cannot assume any liability for disruptions of the Internet.
The provision on liability contained in section 44a of the Telecommunications Act (Telekommunikationsgesetz – TKG) shall remain unaffected in all cases within the scope of the Telecommunications Act.
The customer herewith undertakes to release Oy Crea Nova Hosting Solutions LTD from all and any third-party claims resulting from unlawful or right-violating acts on the part of the customer or content errors resulting from the information provided him/her. This shall apply in particular to violations of copyright, trademark rights, rights to names, data protection rights and competition rights.
10. Prohibition of set-off
The customer may only set off a claim of Oy Crea Nova Hosting Solutions LTD that is uncontested or has been finally and non-appealably established.
11. Copyrights, licence agreements
Oy Crea Nova Hosting Solutions LTD herewith grants to the customer a non-exclusive right of utilisation that is limited to the term of the contract for the own and third-party software provided. Where Oy Crea Nova Hosting Solutions LTD does not consent to the assumption of contract, transfers as well as the granting of sub-licences to third parties are not permitted. If the contractual relationship has ended, the further utilisation is herewith prohibited. The customer shall delete copies of software that has been provided after termination of the contract.
The provisions contained in the licences of the respective software manufacturers and, where relevant, Oy Crea Nova Hosting Solutions LTD’s additional manufacture and/or software-specific conditions, shall furthermore apply.
12. Data protection
Oy Crea Nova Hosting Solutions LTD shall collect, process and utilise personal data of the customer within the statutory provisions on data protection. Additional information for data processing and data protection is available in Oy Crea Nova Hosting Solutions LTD’s data protection declaration at Data Protection Declaration.
13. Venue, applicable law
On proviso that the customer is a registered trader, a legal entity under public law or a special asset body under public law, Helsinki shall be the exclusive venue for all and any disputes arising from and in connection with the contractual relationship between the contracting parties. Oy Crea Nova Hosting Solutions LTD shall be furthermore entitled to file an action against the customer at his/her general court venue.
The law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall apply to contracts concluded by Oy Crea Nova Hosting Solutions LTD on the basis of these General Terms and Conditions and the entire legal relations between Oy Crea Nova Hosting Solutions LTD and customers.
The contracting parties herewith agree that, where the written form is provided for in contractual provisions between the parties, this is complied with by fax or letter mail, but not by e-mail.
All and any information and declarations on the part of Oy Crea Nova Hosting Solutions LTD, with the exception of termination declarations, may be sent to the customer by electronic means, in particular via the KCM or by e-mail to the e-mail address provided by the customer.
15. Age of majority
The customer explicitly declares by submitting his/her order that he/she has reached the age of 18 and hence has full capacity to contract. Should the customer not yet have reached the age of 18, he/she declares on submitting the order that he/she is entitled to do so. Oy Crea Nova Hosting Solutions LTD herewith explicitly points to the possibility of criminal prosecution for giving false information.
16. Severability clause
Should provisions of these General Terms and Conditions and/or of the contract be or become ineffective, or should they contain a loophole needing filling, the effectiveness of the remaining provisions shall remain unaffected thereby. The contracting parties herewith undertake to reach a valid agreement to replace an ineffective provision the economic intention of which comes as close as possible to the ineffective provision.