§ 1 General
(1) These terms and conditions apply to all legal relations of the company Lifty E-Commerce d.o.o., Ulica braće Radića 72, in 40000 Pribislavec (Croatia), hereinafter: “Lifty”, towards its customers.
(2) Deviating regulations of the customers do not apply unless Lifty has confirmed this in writing. Individual agreements between Lifty and the customers always have priority.
(3) The business relations between Lifty and the customers are subject to the laws of the Republic of Croatia. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
(4) The Customer may retrieve, save and print the order overview as well as these General Terms and Conditions. Otherwise, the text of the contract is not stored by the provider after the conclusion of the contract and is therefore not accessible. The contract language is Croatian for contracts with customers based in Croatia, German for contracts with customers based in Germany, Austria and Switzerland, English for all other contracts with customers.
(5) The place of jurisdiction is Pribislavec (Croatia), if the Customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Croatia or if the customer’s place of residence or habitual abode is unknown at the time the action is brought.
(6) Insofar as the General Data Protection Regulation (DSGVO) applies to the personal data entered or used by Customers, the separate agreement on commissioned processing shall be considered an integral part of these Terms and Conditions. In the event of a conflict between the commissioned processing agreement and these General Terms and Conditions, the provisions of the commissioned processing agreement shall take precedence. Regulations on commissioned processing must always be in writing or in an electronic format.
(7) Consumers have the possibility to use an alternative dispute resolution. The following link of the EU Commission (also referred to as the ODR platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online sales contracts or online service contracts: https://ec.europa.eu/consumers/odr
(8) Duty to inform according to the Consumer Dispute Resolution Act (§36 VSBG): Lifty is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.
§ 2 Subject of the service
(1) Lifty offers customers the provision of server storage space in Lifty’s server facilities for the operation of an Internet site and/or the use of e-mail mailboxes via the Internet site lifty.hr.
(2) The customer is entitled to freely use this storage space within the scope of the purpose of the contract and in accordance with the following provisions. Unless otherwise agreed, the customer is responsible for the uploading of data.
(3) Lifty offers the use of the services in different tariffs. The details, in particular memory size, number of e-mail addresses and combinability of the offers are shown on the Internet site.
(4) As an additional service, Lifty offers a chargeable online remote maintenance service (EDP service) upon request. Technical support services are not included in the offers and will be charged separately.
(5) Insofar as Lifty provides additional services free of charge outside of the contractual agreement, these can be discontinued at any time. There is no entitlement to continuation of these services, nor is there any entitlement to reduction or compensation.
§ 3 Services and Duties of Lifty, Availability of Services, Maintenance Work
(1) Lifty provides the customer with storage space on any of Lifty’s storage media for use. Lifty is entitled to make its physical server available to other customers as well. However, the storage space provided to the customer under the contract is separated so that it appears to third parties as an independent server (so-called virtual server). The contents stored on the server are backed up daily on computers serving as backups. There is no guarantee of a successful data backup to the backup server.
(2) The upload of data to the virtual server takes place via FTP.
(3) The customer receives access to the virtual server in order to independently save, change, add or delete his Internet pages and e-mails. For this purpose, Lifty assigns a user name and password.
(4) Lifty undertakes to provide the connection and to make proper efforts to establish the connection to the Internet so that the virtual server can be addressed for incoming inquiries and the customer’s data can be retrieved and, if corresponding functions of the Internet page exist, customer data can be stored. Lifty points out that due to limited performance capacities and transmission speeds, no trouble-free access to the Internet can be provided. Lifty therefore assumes no obligation to ensure that a certain data transmission speed is available at all times.
(5) Access impairments within the usual scope do not constitute a breach of Lifty’s obligation to perform. Lifty will immediately remedy any disturbances of its technical facilities within the scope of the existing technical and operational possibilities. Necessary service interruptions for preventive or necessary maintenance work will be announced as soon as they are known and as early as possible.
§ 4 Domain
(1) Insofar as the procurement and maintenance of domain names is the subject matter of the contract, the registration will be carried out by a suitable organization to be freely selected by Lifty as an approved registrar, intermediate registrar or directly. In the procurement and/or maintenance of Internet domains, Lifty will only act as an intermediary in the relationship between the customer and DENIC or another organization for domain allocation. The various top-level domains are administered by a number of different, mostly national organizations. Each of these domain-assignment organizations has established different conditions for the registration and administration of top-level domains, the associated sub-level domains and the procedure to be followed in the event of domain disputes. Insofar as top-level domains are the subject matter of the Agreement, the corresponding terms and conditions of the respective organization shall apply in addition. Insofar as .de domains are the subject of the contract, DENIC’s Domain Terms and Conditions and DENIC’s Domain Guidelines shall apply in addition.
(2) Lifty has no influence on the domain allocation of such organizations. Lifty does not guarantee that the domains applied for on behalf of the customer will be assigned at all and/or that assigned domains are free of third party rights or will last in the long run.
(3) The customer guarantees that the domain applied for by him does not violate any rights of third parties. This applies in particular with regard to brand names, company and name rights as well as industrial property rights. Furthermore, the customer guarantees that the domain applied for and/or its use neither violates criminal and/or fine regulations nor infringes other legal regulations. The customer fully indemnifies Lifty as well as the other persons involved in the registration process and the ongoing domain maintenance from any claims for compensation by third parties as well as all expenses based on the unauthorized use of a domain name by the customer or with the customer’s approval.
§ 5 Conclusion of the contract
(1) The contract is concluded upon Lifty’s acceptance of the customer’s order on the Internet site. Before placing an order, the customer must register in the online store and indicate whether he/she is a consumer or an entrepreneur. Price markings in the online store do not constitute an offer in the legal sense. Before submitting a binding order, the customer can correct all entries on an ongoing basis using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions. Lifty is entitled to accept the offer made by the order within 2 days by sending an order confirmation. The receipt and acceptance of the order will be confirmed to the customer by e-mail. With this confirmation, Lifty will also send the text of the contract as well as these General Terms and Conditions, including the cancellation policy, to those customers who have registered as consumers.
(2) A customer also has the option to inquire by e-mail with Lifty about a specific service. After receipt of such an inquiry, Lifty will separately submit an offer to the customer by e-mail. A contract is only concluded when the customer accepts this offer.
§ 6 Terms of payment
(1) Unless otherwise contractually agreed, the prices stated on the website apply to the services offered by Lifty. These are derived from the respective current price overview.
(2) The respective fees are due for immediate payment without deduction upon issuance of the invoice. Unless otherwise agreed, invoicing shall be determined by the tariff ordered in each case (according to the current price overview), but shall take place at least monthly, for domains annually. The first month shall be invoiced pro rata from the beginning of the contract, for each day 1/30 of the monthly price shall be invoiced pro rata.
(3) Line and communication costs (telephone charges) between the customer and the connection point to Lifty are to be borne by the customer.
(4) Unless expressly stated otherwise, the prices quoted are net, plus the applicable sales tax.
(5) Remuneration shall be paid within 10 days of invoicing. Payment of the remuneration is to be made in advance (at the customer’s request by bank transfer or payment via PayPal).
(6) Lifty is entitled to activate a domain only after payment of the fees agreed upon for the registration.
(7) If a customer defaults on its payment obligations, Lifty is entitled to demand default interest in the amount of 5 percentage points above the respective statutory base interest rate p.a.. Lifty reserves the right to assert further claims due to default of payment. In particular, Lifty is not obligated to provide further advance services if the customer has been in default with an amount of at least one monthly basic fee for at least four weeks.
(8) Lifty always issues an invoice to the users, which is sent to them in .pdf format (by e-mail) with confirmation of the respective order.
§ 7 Term, Termination of Contract, Notice of Termination
(1) The minimum contract term is 1 month. For the booking of domains it shall be one year.
(2) If the contract has been concluded for a definite period of time or if a minimum contract period has been agreed with the Customer, the contract shall be renewed in each case for the agreed period of time or minimum contract period, but for a maximum of one year, if it is not terminated with a notice period of four weeks to the respective expiration of the definite period of time or expiration of the minimum contract period.
(3) After expiry of the minimum contract period, the contractual relationship may be terminated by either party with 30 days’ notice to the end of the month.
(4) A contractual relationship running for an indefinite period of time may be terminated by either party without giving reasons by giving 30 days’ notice to the end of the month.
(5) For special and promotional offers (in particular offers with annual payment), different notice periods may apply; these will be pointed out separately before conclusion of the contract.
(6) Lifty is entitled to release the customer’s domain after termination of the contract. All rights of the customer arising from the registration expire at the latest with this release.
(7) After termination of the contract, unused fees will be refunded to the customer on a pro rata basis. All data will be blocked and permanently deleted after termination or expiration of the service period. The customer is responsible for making backup copies of e-mails and website data, as well as for moving the server to another provider.
(8) The right to extraordinary termination for good cause remains unaffected.
(9) Terminations must be made in writing to be effective.
§ 8 Rights of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(1) The customer grants Lifty those copyright reproduction rights and other authorizations to its data that are necessary for the execution of this contract.
(2) The customer assures that the data provided to Lifty is correct and complete. The customer undertakes to inform Lifty immediately of any changes to the data provided and to reconfirm the current correctness within 15 days of receipt upon request by Lifty.
(3) The customer is obligated to use the Lifty services appropriately and for the intended purpose. In particular, he is obligated to
a. not to misuse the access possibilities to the Lifty services and to refrain from illegal and/or unlawful actions. In particular, the customer is prohibited from using the services of other participants of the Lifty services without authorization, from using services not agreed upon in the contract between Lifty and the customer without authorization, from using passwords, e-mails, files, etc. of other participants of the Lifty services or from using the services of other participants of the Lifty services without authorization. of other participants of the Lifty services or of the system operator, to distribute individual applications of licensed application software via the Lifty services without authorization, to interrupt or block communication services, e.g. due to overloads, as far as the customer is responsible for this, to distribute or make accessible criminal contents of any kind via Lifty services. This applies in particular to pornographic content, content glorifying violence or content directed against the free democratic basic order or the idea of international understanding, as well as propaganda material and symbols of unconstitutional parties and associations or their substitute organizations, to obtain pornographic content for oneself or third parties, which has sexual abuse as its object. The customer is also prohibited from sending mass e-mails or spam e-mails from an account with Lifty to recipients without their express consent.
b. to ensure compliance with legal regulations and official requirements, insofar as these are currently relevant or will be relevant in the future for the use of Lifty’s services;
c. to take into account and comply with the applicable provisions of data protection and the recognized principles of data security. The customer shall, at reasonable intervals, check data uploaded from the Internet that is accessible to third parties for its legality. If the customer does not immediately delete or block such data, he is responsible for the content in relation to Lifty as if it were his own data. The customer is also obligated to protect its computers and software with appropriate and up-to-date virus software. The customer will inform Lifty immediately if there are indications that unauthorized third parties are aware of the access data/passwords;
d. to notify Lifty immediately of any recognizable defects or damage (fault reports) and to take all measures to enable the defects or damage and their causes to be determined or to facilitate and accelerate the elimination of the fault;
e. after submitting a malfunction report, to reimburse Lifty for the expenses incurred by the inspection of its facilities if and to the extent that it becomes apparent after the inspection that a malfunction occurred within the customer’s area of responsibility (outside the defined scope of the contract and services).
(4) If the customer violates the obligations specified in paragraph 3 lit. a) and b), Lifty is entitled to terminate the contractual relationship without notice immediately and in other cases after unsuccessful warning.
(5) In the cases of paragraph 3 lit. b), Lifty is authorized, in addition to the right to terminate without notice, to block access to the service resulting from the scope of services with immediate effect upon becoming aware of a violation by the customer in the manner described therein.
(6) It is the customer’s responsibility to make sufficient backup copies of its Internet pages and other data. If the Internet site transfers data of the users of its Internet offer to the customer or if the customer otherwise has access to this data, the customer is responsible for the regular backup of this data, whereby data stored on the servers of Lifty may not be backed up on these servers. The customer must carry out a complete data backup in particular before each start of work by Lifty or before the installation of supplied hardware or software. The customer is expressly advised that even minor changes to the software may affect the ability of the entire system to run. Data recovery by Lifty is subject to a charge; a separate agreement will be concluded for this purpose.
(7) The customer is obligated to comply with the provisions of the provider identification according to § 5 TMG, as well as all other applicable provisions in the currently valid version.
§ 10 Use by third parties
The subletting of the storage space to third parties, so-called reselling, is only permitted with the prior express written consent of Lifty. In the event of consent, the provisions of these GTC are to be imposed on the third party. The customer is responsible to Lifty for the third party’s compliance with these GTC in the same way as the customer would be responsible for its own compliance.
§ 11 Blocking of access by Lifty
Lifty is entitled to temporarily interrupt the connection of the server to the Internet (blocking of the Internet site) if it becomes aware that posted content is illegal or if there is sufficient suspicion of illegality. Sufficient suspicion of illegality is given in particular if Lifty receives a warning from the allegedly infringed party or otherwise receives a claim for injunctive relief due to illegality of the posted content and the warning and/or the request for injunctive relief are not obviously unfounded. As far as possible, the customer is to be heard beforehand, otherwise he is to be informed immediately. The blocking has to be limited to the possibly illegal contents, as far as this is technically possible and reasonable.
§ 12 Liability and indemnification obligation of the customer
(1) As soon as the customer recognizes an infringement of the law by a third party or if he/she has evidence of such an infringement, he/she is obligated to inform Lifty immediately. The customer is obligated to indemnify Lifty from all claims made against Lifty in connection with the customer’s use of Lifty’s services, in particular due to possible infringements of the rights of third parties or legal regulations. Furthermore, the customer is obligated to pay for all other damages and expenses incurred by Lifty in connection with the customer’s use of its services in violation of the contract or the law, in particular due to the assertion of claims for possible violations by third parties. The indemnification obligation also includes, in particular, the obligation to indemnify Lifty from necessary legal defense costs.
(2) The customer is liable for all consequences and disadvantages incurred by Lifty or third parties due to the misuse or illegal use of Lifty services or due to the fact that the customer does not fulfill its other obligations.
§ 13 Liability for defects of quality and title
(1) Lifty warrants that the server will function in accordance with the specifications stated in the contract. Insofar as Lifty provides the customer with storage space in its server facilities, strict liability for initial defects is excluded. Otherwise, the warranty is provided by remedying the defect.
(2) If a disruption of Lifty services, which is considerable, lasts longer than one week and an actual downtime period of more than one working day is reached, the customer is entitled to reduce the monthly fees and charges accordingly from the time of occurrence until the disruption ceases. A significant impediment shall be deemed to exist if
a. the customer is no longer able to access the Lifty infrastructure for reasons for which the customer is not responsible or for which a third party is responsible, and thus can no longer use the services listed in the contract, and
b. the use of these services as a whole is significantly impeded or the use of individual services listed in the contract becomes impossible or comparable restrictions exist.
(3) In the event of failure of services due to a disruption outside Lifty’s sphere of responsibility, the reduction is excluded. The same applies to the failure of services due to necessary business interruptions (maintenance work) according to § 3 of the GTC.
(4) Lifty is not responsible for the customer’s data, in particular the proper functioning of the Internet site within Lifty’s server and system environment. Insofar as the Internet site places requirements on the server or the pre-installed software beyond the contractually agreed server configurations, it is the responsibility of the customer to ensure that these requirements are implemented. Lifty reserves the right to refuse to implement such requirements or to make them dependent on further technical changes, which may also be subject to costs for the customer.
(5) It is the customer’s responsibility to immediately report any malfunctions that may have their cause in Lifty’s area of responsibility and to support Lifty to a reasonable extent in determining the causes and in eliminating them, as well as to take all reasonable measures to prevent and mitigate damages.
§ 14 Limitation of liability
(1) Insofar as telecommunication services are provided to the public on the basis of this contract (§3 No.24 TKG), the provider has limited liability according to §44a TKG.
(2) Outside the scope of application of §44a TKG, Lifty is liable for material defects and defects of title in accordance with the statutory provisions.
(3) Apart from the liability according to paragraph 1 and outside the liability for material defects and defects of title, Lifty is liable without limitation if the cause of damage is based on intent or gross negligence. Lifty is also liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. Lifty is not liable for the slightly negligent breach of other obligations.
(4) The liability limitations of the preceding paragraph do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(5) If Lifty’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
§ 15 Secrecy / Data Protection
(1) Lifty will treat any information it receives from the customer prior to and within the scope of the contract as confidential. Lifty declares that its employees working within the scope of this contract have been bound to confidentiality.
§ 16 Amendment of the General Terms and Conditions
Lifty reserves the right to amend these General Terms and Conditions at any time and without stating reasons. The amended terms and conditions will be sent to customers by e-mail no later than two weeks before they come into effect. If a customer does not object to the validity of the new GTC within four weeks after receipt of the e-mail, the amended terms and conditions are deemed accepted. Lifty will separately inform customers of the significance of this deadline in the e-mail containing the amended terms and conditions.