Terms of Service

1. Scope, changes, change of contractual partner

1. 1. HANSATO and hansato.com are subject to the general terms and conditions (GTC) of SEOPTIX UG (limited liability) (hereinafter SEOPTIX) and apply to all SEOPTIX services and trademarks, including but not limited to the website hansato.com operated by SEOPTIX.

1. 2. SEOPTIX trading as HANSATO provides all services exclusively under these terms and conditions. This also applies in particular if the customer uses general terms and conditions and these general terms and conditions contain conditions that conflict with or deviate from the general terms and conditions listed here. The terms and conditions of SEOPTIX only apply if SEOPTIX carries out the order without reservation in the knowledge of conflicting or deviating conditions of the customer.

1. 3. In addition to these general terms and conditions of SEOPTIX, special conditions apply to individual products, available at https://www.hansato.com/de/agb/. These additional conditions also apply if the product in question is only part of a package booked by the customer that also includes other services.

1. 4. Insofar as we process personal data for you as a processor in accordance with Article 28 GDPR (General Data Protection Regulation), the contract for order data processing applies in addition to these General Terms and Conditions. You can view the order data processing agreement under the following link: https://www.hansato.com/de/datenschutz

1. 5. SEOPTIX can change these terms and conditions within a reasonable period of time, taking into account the legitimate interests of the client. Changes are considered approved if the client does not object to the changes within the period set by SEOPTIX. SEOPTIX informs the client in the change notification that the change will take effect if he does not object within the set period. This change option is limited to changes that do not significantly change the relationship between service and consideration. In particular, it does not apply to price increases.

1. 6. SEOPTIX can transfer its rights and obligations from this contract to one or more third parties (contract assignment). If the contract is accepted, the customer has the right to terminate the contract without notice.

2. Services of SEOPTIX trading as HANSATO

2. 1. The scope of the individual services results from the current service description at the time of the order.

2. 2. The availability of SEOPTIX servers and data paths to Internet transmission points is at least 99% per year. Excluded from this is the inaccessibility of the corresponding server due to technical or other problems that are beyond SEOPTIX’s sphere of influence (force majeure, fault of third parties, etc.).

2. 3. SEOPTIX performs regular system maintenance activities to ensure the security of network operations and to maintain network integrity, service interoperability and data protection. For this purpose, we can temporarily suspend or restrict our services, taking into account the interests of our customers, if there are important reasons. SEOPTIX carries out maintenance work outside of peak times whenever possible. In the event that a longer temporary suspension or restriction of performance is necessary, SEOPTIX will inform the customer in advance of the type, scope and duration of the impairment, if this is possible and the notification does not further delay the elimination of the interruption.

2. 4. SEOPTIX can make changes to its services within the scope of what is reasonable for the customer, taking into account the interests of the customer and SEOPTIX.

2. 5. In order to permanently ensure the security, confidentiality, availability, integrity and resilience of systems, networks, programs, applications and data of SEOPTIX and third parties, SEOPTIX may close programs, applications, scripts, applications, files and links. Complete or partial changes, including the implementation of updates, upgrades or the introduction of new versions, insofar as this is reasonable for the customer after weighing the interests of other customers. This applies in particular to programs, applications, scripts and applications whose manufacturer or community support has expired.

2. 6. If a fixed IP address is specified, SEOPTIX reserves the right to change the IP address assigned to the client if this is necessary for technical or legal reasons.

2. 7. As far as necessary and reasonable, the customer cooperates with changes, for example by re-entering access data or simple changes to his systems.

2. 8. The transfer of use of the server (in whole or in part) to anonymous third parties is prohibited.

2. 9. Does not include use of servers to provide anonymity services.

2. 10. In the event of defects, the statutory warranty regulations apply.

2. 11. SEOPTIX charges a fee for some additional services, which we pass on to our customers in the form of service fees. These services include performances such as the transfer of contracts, the reactivation of orders or the resending of invoices.

3. Copyright, License, Proprietary Rights Reserved

3. 1. SEOPTIX grants the customer a simple right of use that only applies to programs, applications, scripts and applications that are made available during the respective contractual relationship. A transfer of the rights of use to third parties is not permitted. Therefore, sales in particular are not permitted. A copy of the software delivered after the end of the contractual relationship will no longer be used by the customer and will be deleted. These terms do not apply to open source software; only the associated license conditions apply.

3. 2. Otherwise, the license conditions of the respective manufacturer apply.

3. 3. During the term of the contract, the customer may only use the content, text, images, animations, video and audio materials provided by SEOPTIX to design the contract website. A transfer of the rights of use to third parties is not permitted. The material will be deleted upon termination of the contract.

3. 4. Does the customer use a license etc. for services from SEOPTIX. He must use the correct license to create, administer, or distribute it himself. This applies in particular if he manages technical parameters that are decisive for the scope of the license, such as the number of cores used or the number of users with access rights.

3. 5. In the event of a breach of these Terms, SEOPTIX reserves the right to terminate websites using the Site Kit Content or Software in violation of the License, or projects using the Site Kit in violation of the License blocked until proof of legality is provided.

3. 6. EDP systems and other goods remain the property of SEOPTIX until the respective invoice has been paid in full.

4. Terms of Payment

4. 1. User fees are to be paid before the start of the first contract term, unless another billing period has been agreed. Thereafter, unless a second billing cycle has been agreed, payment will be made in advance for the period corresponding to the first contract period. Customer payments are made by direct debit using SEPA core direct debit. The customer authorizes SEOPTIX to carry out the SEPA core direct debit procedure. SEOPTIX promises to show the customer the valid power of attorney granted in the customer service area. The power of attorney also applies to the new master data and bank details provided by the customer. SEOPTIX will inform the customer in advance about the corresponding direct debit. This notification is sent at least one bank working day before the expiry date and the bank debits the money directly.

4. 2. Usage Fees are payable at the end of each billing period. The fees associated with usage are based on the current price list set by SEOPTIX in its sole discretion. Customer payments are made by direct debit using SEPA core direct debit. The customer authorizes SEOPTIX to carry out the SEPA core direct debit procedure. SEOPTIX promises to show the customer the valid power of attorney granted in the customer service area. The power of attorney also applies to the new master data and bank details provided by the customer. SEOPTIX notifies the customer in advance about the corresponding direct debit. This notification is made at least one bank working day before expiry and the bank initiates a direct debit.

4. 3. SEOPTIX provides electronic invoices for each payment transaction in the customer service area. If the customer wishes invoices to be sent by post, SEOPTIX can charge EUR 3.00 per invoice.

4. 4. The customer can only offset undisputed or legally established counterclaims against claims by SEOPTIX. An exception to this is a request for withdrawal after the contract has been canceled in accordance with Section 355 of the German Civil Code.

4. 5. SEOPTIX has the right to block your service within its rights and interests before the customer pays the compensation due.

4. 6. If the customer does not pay the amount due within ten calendar days after receipt of the invoice, this is also in default and no reminder is required. The decisive factor is that SEOPTIX has received this amount in the account specified in the invoice during this period.

4. 7. If the customer is in arrears with monthly payments, SEOPTIX can terminate the contractual relationship for a legitimate reason without notice after an unsuccessful reminder within a reasonable payment period. The main reason for termination without notice by SEOPTIX is in particular the transfer of the client’s assets, the opening of bankruptcy proceedings or the refusal to open due to lack of assets.

4. 8. In the event of a delay in payment, SEOPTIX can demand compensation for the damage incurred. SEOPTIX can also demand reimbursement of costs incurred through direct debits for which the customer is responsible.

5. Customer Obligations

5. 1. It is the customer’s responsibility to provide the necessary data completely and correctly and to notify changes immediately. This applies in particular to address data, bank details and e-mail addresses.

5. 2. SEOPTIX can send information and notifications about the contractual relationship to the customer’s e-mail address. The customer is responsible for providing email addresses that are not included in the SEOPTIX package as contact addresses. Otherwise SEOPTIX cannot inform customers about the blocking.

5. 3. The customer undertakes to change the assigned password immediately. He is responsible for selecting and using secure passwords for all services and accesses that he only uses for one service or access to SEOPTIX. The customer carefully manages his password and other access data and keeps them confidential. He is also obliged to pay for the services used or ordered by third parties with his access data and password if he is responsible for them.

5. 4. The customer is responsible for setting up its systems, programs, applications, scripts, files, links and other components in accordance with the applicable industry standards for information security so that the security, confidentiality, availability of SEOPTIX, its customers and third parties is not endangered or be affected.

5. 5. On some servers, only the client has administrator rights. SEOPTIX cannot manage these servers. It is therefore the customer’s responsibility to install security software, to keep himself informed about known security gaps and to fix known security gaps. The installation of maintenance programs or other programs provided or recommended by SEOPTIX does not release the customer from this obligation.

5. 6. The customer regularly makes backup copies of all data. Data stored on SEOPTIX servers may not be duplicated on these servers. If the data of the SEOPTIX system has to be restored, the customer will transfer the relevant data to the SEOPTIX servers again free of charge.

5. 7. The customer assures that his domain name and its content do not violate any legal norms or the rights of third parties.

5. 8. The customer also undertakes not to provide any domains or content of an extremist (especially right-wing extremist) nature or pornographic, commercial pornography, violence, glorification of violence, racism, discrimination, youth-endangering, hate speech or terrorist content. In addition, content that encourages a crime or that provides instructions to commit a crime is prohibited. This also applies if such content can be accessed via hyperlinks set by the customer or other links to third-party websites.

5. 9. Use of the SEOPTIX service to distribute malware or botnet abuse, spamming or phishing, trademark and copyright infringement or piracy, fraudulent or deceptive practices, counterfeiting or any other conduct in violation of applicable law is prohibited.

5. 10. When SEOPTIX processes personal data on behalf of the customer, the customer concludes an order processing contract with SEOPTIX in accordance with Art. 28 GDPR.

6. Legal Consequences of Violations and Compensation

6. 1. SEOPTIX can block services if the system works or reacts differently than in normal operation, thereby affecting the security, confidentiality, availability and integrity of SEOPTIX systems, networks, programs, scripts, applications, files and data. This also applies if SEOPTIX suspects such damage based on objective evidence. It is expressly pointed out that this provision also applies to so-called denial-of-service attacks (hereinafter referred to as DoS attacks), which the customer carries out via his own server or if the customer’s server is used by a third party. SEOPTIX can terminate the contractual relationship without notice if the customer does so knowingly.

6. 2. If the server is repeatedly and likely to be the target of a DoS attack again, SEOPTIX may terminate the contract with or without notice if SEOPTIX has no reasonable means of preventing the expected future DoS attack or its effects on other systems to prevent.

6. 3. If a third party can prove that the content or domain name violates their rights, or there is objective evidence that the domain name or content violates the law, SEOPTIX can block the content for the duration of the violation.

6. 4. SEOPTIX may also take steps to make a domain name unavailable where the domain name is alleged to be infringing. SEOPTIX can terminate the contractual relationship without notice if it is determined based on objective evidence that the domain is infringing. ◦

6. 5. Instead of just preventing this, SEOPTIX can also terminate the contract without notice if the content is provided and displayed in accordance with 5.7.

6. 6. SEOPTIX can block the service if the customer violates a prohibition from 5.8.

6. 7. Based on objective criteria, SEOPTIX may reject emails sent to its clients if the email is found to contain malware, false or obfuscated sender information, or unsolicited or disguised commercial communications.

6. 8. SEOPTIX’s claim to payment continues as long as the service is blocked for the above reasons.

6. 9. In the event of a serious violation by the customer of the obligations mentioned in § 5, SEOPTIX can demand a one-off compensation from the customer in the amount that would normally be expected.

6. 10. SEOPTIX will block the website within 24 hours of receiving the order in case of dissemination of terrorist content according to Regulation (EU) 2021/784 of the European Parliament and of the Council. SEOPTIX monitors the number and type of incidents and evaluates appropriate countermeasures.

7. Release

The customer exempts SEOPTIX from all damages resulting from the violation of the above provisions, as long as he is responsible for them. Compensation for damages also includes reasonable expenses for the necessary legal defense. In the event of corresponding claims by the client or a third party, SEOPTIX will inform the client immediately and give him the opportunity to comment.

8. Liability

8. 1. SEOPTIX is only liable for damages that are based on intent and gross negligence on the part of SEOPTIX or one of its vicarious agents. If SEOPTIX or one of its vicarious agents violates essential contractual obligations (cardinal obligations) in a way that endangers the purpose of the contract, liability is limited to the typical damage that SEOPTIX could expect at the time the contract was concluded, unless the violation occurred intentionally or through gross negligence.

8. 2. This limitation does not apply in the event of injury to life, limb and/or health and in the event of liability under the Product Liability Act.

8. 3. If the client is an entrepreneur, a legal entity under public law or a special fund under public law, liability is limited to the amount of the contract fees paid by the client in the last two years, except in the case of intentional and grossly negligent action.

9. Duration of Contract, Termination

9. 1. Unless otherwise specified in the specific offer, the contract can be terminated with one month’s notice to the end of the first contract period. After that, the contract is automatically extended and can be terminated at any time with a notice period of one month.

9. 2. If the customer does not request the deletion of the domain at the time the contract is terminated, SEOPTIX can return the domain name to the responsible registry after a reasonable period of time after the contract has ended. SEOPTIX points out that the customer may still be obliged to pay in such cases.

9. 3. Alternatively, SEOPTIX can delete the domain after a reasonable period of time.
9. 4. In the event that SEOPTIX terminates the contract due to default of payment or for an important reason, SEOPTIX can arrange for the deletion of the domain name in question after a reasonable period of time, unless the customer orders otherwise.

10. Cancellation policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded. In order to exercise your right of withdrawal, you must send us (SEOPTIX UG (limited liability), Am Schellbruch 22, 23568 Lübeck, email: impressum@hansato.com, phone: 0451-20221600) a clear message (e.g. an email with the letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. In order to comply with the cancellation period, it is sufficient to send the declaration of cancellation in good time before the cancellation period has expired.

Consequences of cancellation

If you terminate this contract, we will refund all monies received from you, including delivery costs (excluding any additional costs incurred as a result of you having chosen a different standard delivery method than the cheapest that we offer); no later than fourteen days after we have received your notification of this revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. In no case will you be charged for these repayments. You must return or hand over the goods to us (SEOPTIX UG (limited liability), Am Schellbruch 22, 23568 Lübeck) immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you return the items before the fourteen-day period has expired. You bear the direct costs of the return, as well as the costs of a reduction in value that is attributable to you. If you request the start of the service during the cancellation period, you have to pay us a reasonable amount to exercise your right of cancellation, which corresponds to the proportion of the service provided to us up to the time of notification of the entire range of services.

Sample withdrawal form

(If you want to revoke the contract, please fill out this form and send it back.)

To
SEOPTIX UG (limited liability),
Schellbruch 22,
23568 Luebeck,
Email: impressum@hansato.com

I/we (*) hereby revoke my/our (*) agreement to provide these services

Ordered by (*)/Received by (*):
Surname:
Customer address:
Signature of the consumer
(only if notification is in paper form)
Date:
(*) Not applicable is crossed out.

• The right of withdrawal does not exist if the lawful transaction can be attributed to your commercial or professional activity.

11. Place of Jurisdiction, Applicable Law, Out-of-Court Dispute Resolution

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Lübeck. The law of the Federal Republic of Germany applies to all claims arising from or in connection with this contract, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). SEOPTIX is not obliged to participate in the dispute settlement procedure before the consumer arbitration court and decides whether to participate on a case-by-case basis.