Terms & Conditions

Applicable starting May 25, 2018

1. Contractual bases

  2. Customers terms and conditions as well as individual agreements are only valid if Key-Systems has provided its consent in written form.
  3. Key-Systems may modify these terms and conditions, the registration agreement, the terms of use, and the price lists at any point in time. Key-Systems is obliged to inform the customer of the terms and conditions changes by mail or email unless such notification requires unreasonable efforts. The customer may object to these modifications within 14 days starting from the notification. Should the customer object, Key-Systems may terminate the agreement within 14 days or, at our choice, at the next possible termination date. The new terms and conditions are accepted by the customer if the customer does not object. Changes to the privacy policy become effective upon announcement
  7. By initiating an order through Key-Systems and/or by executing electronic actions, the customer declares that he has the proper authority to place orders either for himself or as properly authorized representative of his organisation and that he agrees to the terms and conditions, contractual terms, privacy policy and registration agreements in all parts.
  8. In case of orders for or in the name of third parties, the customer remains the only contract partner of Key-Systems. Our terms and conditions, contract terms, privacy policy and general registration rules shall also apply to the third party; the customer is obliged to bind the third party to abide by the required code of conduct and duties and pass on these terms to the third party.

2. Contract

  5. The right to withdrawal and to return in case of distance selling agreements (§ 312 BGB) is excluded for contracts to supply goods, which are manufactured according to customer specifications or clearly tailored to personal needs, as well as services where Key-Systems has immediately begun at the request of the or where the value is already accrued to the customer. The customer agrees that Key-Systems shall immediately begin with the performance of the order or service. Such customized service is especially the case with the registration of individually specified according to customer requirements of the domain name. In addition, we refer to our informations on the right of withdrawal.

3. Domain and hosting services

  1. For the use of services relating to the registration or management of domain names, our registration and management terms for domain names (Registration Agreement) additionally apply as well as, if applicable, the registration requirements of ICANN and the respective registries which shall be considered part of the agreement.
  2. For the use of hosting or email services, the hosting service terms of Key-Systems additionally apply and shall be considered part of the agreement.

4. Duration of contract and termination

  4. Services that are currently provided free of charge can be suspended or be made chargeable at any time, upon prior announcement by Key-Systems, provided Key-Systems grants a right of special termination to the customer.
    • is in delay of submitting the fee in the amount of one monthly fee for contracts which have a min- imum duration or where a certain duration time period has been agreed upon,
    • is in more than 20 calendar days delay of submitting the payment for contracts with an undefined length,
    • culpably or negligently acts contrary to the terms and conditions of the agreement or the registra- tion policies of the registries (if applicable).
    In these cases the customer loses all rights to the service.
  6. The customer will be informed by email about the obligation to pay the renewal fees prior to the end of the contractual term. In the case of non payment at least 3 days prior to the expiration date the customer will lose all rights to the performance of the service.
  7. If the customer did not terminate the contract on time and the customer has either identified his pay - ment method to be credit card or bank debit and provided current and valid payment details, then the due amount will automatically be charged 10 days prior to the expiration and the agreement will be renewed accordingly. The same applies if the customer has sufficient funds or credit in his account.
  9. Cancellations notices are only accepted in written form, for contract conclusions beginning from 2018-05-25 in text form, which shall include faxed messages.

5. Pricing

  1. The prices for services of Key-Systems and for third-party services mediated by Key-Systems are published without engagement on the websites. The prices can be changed at any time. This also applies for services currently provided free of charge.
  2. Only the actual price on the day of the conclusion of contract, the receipt of a specific order or of the renewal of a service.

6. Payment

  6. Invoices are published in the account of the customer as well as sent by email, unless another procedure is agreed upon. Should the customer wish to receive an invoice by regular mail then Key- Systems has the right to charge EUR 3 for each mail delivery.
  7. The payments for services are also not refundable in case of disruptions in the service due to force majeure or other causes outside the realm of Key-Systems responsibilities.
  11. The customer can only offset his own claims against claims of Key-Systems if these claims have been accepted by Key-Systems in writing.

7. Liability

  1. As a condition of the customer’s access and use of the services of Key-Systems the customer agrees to defend, indemnify, save and hold harmless Key-Systems, agents, partners, ICANN, the respective central registry as well as all persons involved in rendering of the service in respect to all claims, de - mands, liabilities, costs and/or expenses resulting from an illegal use of the service, of the domain name registered by the customer or the content provided on a registered domain. In the event of a claim, customer has the right to prove Key-Systems, that claims in the context of the exemption have not occurred in the demanded extent or not at all, and / or the customer is not responsible.
  2. Neither Key-Systems, its agents, partners, ICANN, the respective central registry nor any person in- volved in the rendering of the service will be liable to the customer or any third party for any direct or indirect loss of profits, earnings or business opportunities, damages, expense, or costs resulting directly or indirectly from any failure to perform any obligation or provide service hereunder be- cause of any Force Majeure, or governmental acts or directives, strikes, riot or civil commotion, war, any natural disaster, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force or condition beyond Key-Systems‘ reas- onable control.
  3. Key-Systems cannot be held liable for delays of services and server downtimes due to force majeure, fault of third parties or due to events which Key-Systems has no influence on, despite any agreed upon deadlines and dates. Key-Systems is authorized to postpone the provision of services and/or de- livery by the duration of the respective disruption plus an appropriate starting time. Furthermore Key-Systems can limit access to the service if the stability and security of the operation, the mainten- ance of the net integrity, in particular the avoidance of serious disturbances of the network, the soft- ware or stored data require such action. Key-Systems is not obligated to review or monitor the use of the service by the customer to ensure its legality.
  4. For all services of Key-Systems ́ liability will be limited to intent and gross negligence if and as much as it is legally permitted. In case of paid services liability is limited by KS with negligence and rough negligence to the amount of the payment which can be paid in each case from the customer for the respective achievement and/or achievement period. For free services, the liability of Key- Systems is limited to cases of minor negligence and to an amount of EUR 25 for each single case or EUR 100 for all cases. In any other case the liability of Key-Systems is limited to damages typically forseeable at the time the agreement was first concluded.
  5. The customer agrees to keep all passwords and access data received from Key-Systems for access to our services secret and to inform Key-Systems once he receives any information about unauthorized parties gaining access to these passwords. The customer acknowledges that he is responsible for any orders or statements issued with his user identification and that he bears the risk of unauthorized use of his access data. Should unauthorized third parties use Key-Systems services while using his ac- count, the customer is responsible for all fees and damages. Key-Systems may lock access to an ac - count if there is sufficient reason to assume it is used by unauthorized parties. Key-Systems will in- form the customer without delay of any such measure taken.

8. Data and protection of data

  1. To perform the service storage, processing and use of personal data of the customer is necessary. This processing is performed within the scope of the applicable data protection regulations. Additional information on this is provided in the data protection guidelines of Key-Systems which are deemed to be part of these terms and conditions.

9. Final clauses

  1. Modifications or changes of terms or conditions or the contract, as well as cancellations will only be accepted in writing, for contract conclusions beginning from 2018-05-25 in text form, oral agree- ments shall not be considered valid. This also applies to terms and conditions of customers unless KS expressly agrees to accept such terms in writing.
  2. For commercial customers and legal entities in Germany, as well as for all customers without per- manent residence in Germany, St. Ingbert/ Germany will be the exclusive place of jurisdiction, as well as the place of fulfilment.
  3. For the contract between Key-Systems and its customers, German law is the only effective law. U.N. purchase law shall not apply.