Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Robert Schmitt) via the rshosting.ltd website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Registration as user
In order to book (and use) our services, registration as a user is required. This is free of charge and does not result in any obligation. As part of the registration process, a user account will be set up under your specified email address and the password you have chosen.
§ 3 Top-up of credit
(1) To book and/or pay for our Internet services, it is necessary to top up credit, unless otherwise agreed.
Simply by placing the offer to top up credit in the customer area (login), we are submitting a binding offer to conclude a contract.
The contract for topping up credit is concluded via the online order form as follows:
In the customer area (login), you can access the online order form.
In the online order form, you select the desired amount and the payment method; finally, all data for topping up the credit is displayed here as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop, or to the website of the instant payment system provider.
If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, you will be shown the order data as an order overview on the website of the instant payment system provider, or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking all the details once more, amending them or cancelling the order.
§ 4 Conclusion of the contract
(1) We provide you with Internet services, in particular, web hosting or server hosting (hereinafter referred to as: “web hosting”) and domains. The scope of services results from the service package booked by you and the service description stated in the respective offer.
As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(2) The contract for the provision of Internet services is concluded via the online shopping cart system as follows:
The services intended for booking are configured and stored in the "shopping cart". By clicking on the corresponding button in the navigation bar, you can call up the "Shopping Cart" and make changes there at any time.
After clicking the button "Checkout" or "Continue to order" (or similar designation) the input of your personal data as well as the terms of payment takes place. Finally, all order data is displayed here as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be directed to the order overview page in our online shop, or to the website of the instant payment system provider.
If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, you will be shown the order data as an order overview on the website of the instant payment system provider, or after you have been redirected back to our online shop.
Before submitting the booking, you have the option of checking all the details once more, amending them (also using the “back” function of the Internet browser), or cancelling the booking.
By submitting the booking via the corresponding button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(3) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 5 Service provision for web hosting, obligations
§ 6 Domain management
(1) When procuring and/or maintaining domains, we will only act as an intermediary between you and the registries. In this respect, we owe the preparation and transmission of a fully completed application for registration of the domains desired by you in accordance with the specifications of the respective registry (e.g. Denic eG). No guarantee can be given for the transfer, allocation or permanent existence of domains in your favour; the registration conditions of the respective registries apply in this context. You guarantee that the domain applied for by you (or otherwise already registered for you) does not infringe the rights of third parties. You are further obligated to notify us immediately of any loss of your domain.
(2) We are entitled to activate a domain only after payment of the agreed fees. Likewise, we may refuse to release the domain after termination of the contract until you have fulfilled all payment obligations towards us, pursuant to the contract.
(3) Should you fail to issue a clear instruction for the transfer or deletion of the domain upon termination of the contract, we may return the domain to the responsible registry or have it deleted after the end of the contract and the expiration of a reasonable period of time. The same shall apply if a release of the domain can be refused by us in accordance with paragraph 2 above.
§ 7 Further obligations on your part
(1) You must inform us immediately of any change in the data required for the performance of the contract. Passwords and other access data must be kept strictly confidential.
(2) You shall be obligated to design your domain and the contents accessible under it in such a way that excessive loading on our servers, e.g. by scripts requiring a high computing power or the use of an above-average amount of main memory, is avoided.We are entitled to exclude Internet pages or servers that do not meet the above requirements from access by you or by third parties. You will be informed of any such measure without delay.
(3) You guarantee that your domains and the contents accessible under them do not violate legal regulations or the principles of good moral behaviour, and do not infringe the rights of third parties. This applies, in particular, to the legal regulations on provider identification, copyright, trademark, personal and other property rights, distance selling legislation, competition law, criminal law and data protection law.We shall not be obligated to check your domains and the contents accessible under them for possible infringements of the law. Once we have identified any legal violations or inadmissible content, we shall be entitled to block the content and render the domain in question inaccessible. You will be notified of such measures without delay.You shall indemnify us against all claims arising from a breach of the above obligations for which you are responsible. This shall also apply to the costs of our necessary legal defence – including all court and legal representation fees.
(4) Unless otherwise stated in the respective offer, you must make backup copies of all data that you transfer to our servers on separate data carriers yourself. We shall not be responsible for the creation of backup copies. In the event of any data loss, you shall transfer the relevant data files to our servers again free of charge.
(5) Insofar as a certain data transfer volume (traffic) has been agreed, you shall be obligated to ensure that this traffic is not exceeded. The traffic is generally to be treated as “fair use”.
§ 8 Contract term, termination
(1) The subscription contract concluded between you and us has the term specified in the respective offer, hereinafter referred to as the "basic term". A basic term of more than 2 years cannot be agreed.
(2) If the subscription contract is not terminated by one of the parties 1 month before the end of the basic term (unless a shorter period is stipulated in the respective offer), it is tacitly extended for an indefinite period.
The extended contractual relationship can be terminated at any time with a notice period of 1 month (unless a shorter period is stipulated in the respective offer).
(3) The right of each party to terminate the contract without notice for good cause shall remain unaffected. In particular, we have an extraordinary right of termination in the event of repeated violations of your obligations under these General Terms and Conditions. In the event of an extraordinary termination by us, you are obliged to pay compensation.
(4) Any notice of termination must be declared and transmitted either in text form (e.g. e-mail) or via the cancellation button integrated on our Internet presence ("Cancel contracts here" or similar designation).
§ 9 Special agreements related to the offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "Stripe" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "Stripe" at https://stripe.com/de.
§ 10 Right of retention
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
§ 11 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
RS-HOSTING LTD
Office BER 11A, 61 Bridge Street,
Kington. HR5 3DJ United Kingdom.
Telephone: 015121703074
E-Mail: admin@rshosting.ltd
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Codes of conduct
4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: https://www.haendlerbund.de/
4.2 We have subjected ourselves to the quality criteria of Trusted Shops GmbH, which can be viewed at:
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
6.2 Any costs incurred for money transfer (transfer fees or exchange rate fees of credit institutions) shall be borne by you in all the cases where the service is rendered in an EU member state, however the payment has been initiated outside the European Union.
6.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
6.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6.5 With the contract confirmation or with the beginning of each additional billing period, you shall receive an invoice from us by email for the fees incurred.
7. Statutory warranty right
The statutory warranty rights are applicable.
8. Contract duration / cancellation
Information on the contract term and the terms and conditions of termination can be found in the section “Contract term / Termination of subscription contracts” in our General Terms and Conditions of Business (Part I), and in the individual quotation.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/
last update: 29.11.2023
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Contact
Responsible person
Contact us at any time. The person responsible for data processing is: Robert Schmitt, Hermannstr. 6, 63533 Mainhausen Germany, 06182829389, admin@rshosting.online
Collection and processing when sending images via upload
We provide an upload function for image files on our website. It is thus possible to send images to us by means of encrypted data transmission. With the transmission of your images, we may collect your personal data (image of an identifiable person) only to the extent provided by you. The purpose of data processing is to create personalized products. The sent image serves as a template for the product and is used for this purpose (e.g., T-shirt print). The processing is carried out on the basis of Art. 6 para. 1(b) GDPR and is required for the performance of a contract with you. Your data will not be transferred.
We only use the image you send within the scope of service provision. Your data will then be deleted subject to legal retention periods, provided that you have not consented to further processing and use.
Customer account Orders
Advertising
Payment service providers
The use of PayPal Check-Out
We use the PayPal Check-Out payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via the payment service. With the selection and use of payment via PayPal, credit card via PayPal, direct debit via PayPal or "Pay Later" via PayPal, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO.
Cookies may be stored that enable your browser to be recognised. The resulting data processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our legitimate interest in a customer-oriented range of varying payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.
Credit card via PayPal, direct debit via PayPal & "Pay later" via PayPal.
For individual payment methods such as credit card via PayPal, direct debit via PayPal or "Pay later" via PayPal, PayPal reserves the right, if necessary, to obtain credit information on the basis of mathematical-statistical methods using credit agencies. For this purpose, PayPal transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of a payment default for a weighed decision on the establishment, implementation or termination of the contractual relationship. The credit information may include probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and in the calculation of which, among other things, address data are included. Your interests worthy of protection are taken into account in accordance with the statutory provisions. The data processing serves the purpose of credit assessment for a contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO for our overriding legitimate interest in protecting against payment default when PayPal makes advance payments.
You have the right to object at any time to this processing of personal data relating to you based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method requested by you. Failure to provide it will result in the contract not being concluded with the payment method you have chosen.
Local third-party providers
When paying via the payment method of a local third-party provider, the data required for payment processing is transmitted to PayPal. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO. For the execution of this payment method, the data may then be forwarded by PayPal to the respective provider. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO. Local third-party providers may be, for example:
- Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany).
- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany)
Purchase on account via PayPal
When paying via the payment method purchase on account, the data required to process the payment is first transmitted to PayPal. For the execution of this payment method, the data is then transmitted by PayPal to Ratepay GmbH (Franklinstraße 28-29, 10587 Berlin; "Ratepay") in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO. Ratepay may conduct a credit check on the basis of mathematical-statistical methods using credit agencies according to the procedure already described above. The data processing serves the purpose of credit assessment for contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO from our overriding legitimate interest in protecting against payment default when Ratepay makes advance payments. For more information on data protection and which credit agencies Ratpay uses, please visit https://www.ratepay.com/legal-payment-dataprivacy/ and https://www.ratepay.com/legal-payment-creditagencies/.
For more information on data processing when using PayPal, please see the associated privacy policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Use of the payment service provider Stripe
On our website we use the Stripe payment service of Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). The data processing serves the purpose of offering you payment via the payment service. By selecting and using Stripe, the data required for payment processing is transmitted to Stripe in order to be able to fulfil the contract with you with of the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.
If required, Stripe reserves the right to obtain a credit report on the basis of mathematical-statistical procedures using credit rating agencies. For this purpose, Stripe transmits the personal data required for credit assessment to a credit rating agency and uses the obtained information on the statistical probability of payment default in order to reach a reasonable decision on the establishment, implementation or termination of the contractual relationship. The credit report may contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical methods and include, among other things, address data. Your legitimate interests will be taken into account in accordance with the legal requirements. The data processing serves the purpose of a credit check for contract initiation. The processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in protection against payment default if Stripe pays in advance.
For reasons that arise from your particular situation, you have the right to object to the processing of your personal data carried out on the basis of Art. 6 para. 1 lit. f GDPR at any time by notifying Stripe. The provision of the data is necessary for the conclusion of the contract with the payment method of your choice. Failure to provide such data shall mean that the contract cannot be concluded with the payment method you have selected.
All Stripe transactions are subject to Stripe Privacy Policy. You can find these at https://stripe.com/de/privacy
Cookies
Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.
Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-lB6schen-63947406-40ac-c3b8-57b9-2a946a29ae09
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.
The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TTDSG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.
Plug-ins
Use of social plug-ins
Our website uses social network plug-ins. The integration of social plug-ins and the data processing associated with this serves the purpose of optimising the advertising for our products.
The integration of social plug-ins involves a connection between your computer and the servers of the service provider of the social network which then instructs your web browser to display the plug-in on that web page, provided you have expressly consented to this. In this process, both your IP address as well as the information on which web pages you have visited will be transmitted to the provider’s servers. This happens regardless of whether you are registered with or logged into the social network. The information is transferred even if users are not registered or logged in. Should you be connected simultaneously with one or more of your social network accounts, the collected information may also be assigned to your corresponding profiles. When using the plug-in functions (e.g. by pressing the appropriate button), this information will also be assigned to your user account. You can therefore prevent this assignment by logging yourself out before visiting our website and before activating the button for your social media accounts.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TTDSG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
The following social networks are integrated in our website through social plug-ins. You can find more detailed information on the scope and purpose of collection and use of the data and your associated rights and options for protecting your privacy in the provider’s privacy policy via the link.
Facebook by Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland).
Meta Platforms Ireland and we are jointly responsible for the collection of your data and the transfer of this data to Facebook when the service is integrated. The basis for this is an agreement between us and Meta Platforms Ireland on the joint processing of personal data, in which the respective responsibilities are defined. The agreement is available at https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible in particular for the fulfilment of the information obligations in accordance with Art. 13, 14 GDPR, for compliance with the security requirements of Art. 32 GDPR with regard to the correct technical implementation and configuration of the service, and for compliance with the obligations in accordance with Art. 33, 34 GDPR, insofar as a violation of the protection of personal data affects our obligations under the agreement on joint processing. Meta Platforms Ireland is responsible for enabling the rights of the data subject in accordance with articles 15-20 of the GDPR, for complying with the security requirements of article 32 of the GDPR with regard to the security of the service, and for complying with the obligations of articles 33, 34 of the GDPR, insofar as a breach of personal data protection concerns Meta Platforms Ireland's obligations under the joint processing agreement.
Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Meta has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
For more information on data protection please visit: https://www.facebook.com/about/privacy/.
Rights of persons affected and storage duration
You can lodge a complaint with, among others, the supervisory authority responsible for us, which you may reach at the following contact details:Hessischer Beauftragter für Datenschutz und Informationsfreiheit
Postfach 3163
65021 Wiesbaden
Tel.: +49 611 14080
Fax: +49 611 1408900 oder +49 611 1408901
E-Mail: poststelle@datenschutz.hessen.de
If personal data is being processed for the purposes of direct advertising, you can object to this at any time by notifying us. If the objection is successful, we will no longer process the personal data for the purposes of direct advertising.
last update: 29.11.2023