Under the domain www.g-portal.com operates Ociris GmbH (Aidenbachstraße 54, 81379 Munich), a web-based, partially chargeable service for the user (hereinafter referred to as “customer“), providing especially game servers for retail multiplayer games on a prepaid basis. All services of the provider will be collectively referred to as “Service“ hereinafter. The purpose of the Service is to provide the technical platform for hosting and administration to the customer, and the ability to access and to use these Services, by means of telecommunication.
(1) These Terms and Conditions apply without exception to all services of the provider as part of prepaid contracts.
(2) Deviations from these Terms and Conditions, additional agreements, or supplementary agreements require express confirmation of the provider in textform.
(3) Individual agreements made between the provider and the customer, e.g. during the order process, shall prevail over these GTCs in the area of the respective individually agreed contractual condition (see § 305b German Civil Code, Bürgerliches Gesetzbuch, BGB) and shall then be extended by these GTCS.
(4) The Terms and Conditions also apply to future businesses, in particular to performance enhancements of the provider under existing contracts, even if no specific reference is made.
(5) Any conflicting or deviating terms and conditions of the customer shall not be accepted by the provider and shell therefore not apply in the contractual relationship. This also applies if the conflicting terms and conditions of the customer were not expressly contradicted.
(6) Our offers and information regarding the services sold by us are not binding unless there is an expressly written assurance. The provider shall be free to provide the service, as part of the technological progress, with new or different technologies, systems, procedures, or standards to be used as originally offered to the customer as long as there are no disadvantages thereof.
(7) The contract language is English.
(8) The provider is allowed to send any information and explanations regarding the contract to the email address of the customer.
(9) The Provider reserves the right to make changes to these GTCs, insofar as this is necessary to adapt to changes in the legal or technical framework. The Provider shall notify the customer of such changes by e-mail, highlighting the changes. All amendments will be considered approved unless the customer lodges an objection in text form within a reasonable period of time specified by the provider in the individual case in the amendment notice. Along with the notification of the amendments made, the Provider will also supply the customer with separate instructions on the right to lodge an objection and on the legal consequences of remaining silent. If the customer lodges an objection in due time, the previous terms and conditions shall remain valid. In the event of a timely objection of the customer, the provider shall have a special right of termination. The provider shall exercise this right of termination in text form within 4 weeks from the customer’s objection.
1) To use the Services, previous registration of the customer is required. By registering, the present Terms and Conditions of the provider are agreed unconditionally. The customer assures that all information provided by him are true and complete.
(2) To register, a first name, a last name, a username, an e-mail address, and a password are required. The customer has the possibility to add funds to an account ("customer account") after the registration.
(3) The customer warrants that the data provided by him to the provider is correct and complete. The provider expressly advises that if this information is found to be incorrect, this could trigger legal consequences such as claims to compensation of damages and/or the exercise of special termination rights to which the provider is entitled within the meaning of Clause 5 (3) of these GTCs.
(4) The customer enters into obligations to notify the provider without undue delay of any changes in the data communicated, and to confirm said data within seven (7) days of receiving a legitimate and justified date-related enquiry from the provider.
(1) The provider offers its customers services through prepaid funds. The scope of the individual services is derived from the time of ordering the current description of services.
(2) The contract between the provider and the customer for remunerated services comes as a result of the customer's order on the internet via the website at www.g-portal.com, other electronic, or telephone ordering methods according to the following conditions. The presentation and promotion on the website of the provider does not constitute a binding offer to conclude a contract. By submitting an order by clicking the "Order Now" button, the customer submits a legally binding request to the provider. Before submitting the order, the customer can change his data at any time. The provider accepts the customer's order by submitting an order confirmation electronically to the given customer e-mail address. A contract also comes into effect when the provider provides the service to the customer and the customer uses it.
(3) The provider reserves the right not to conclude contracts with customers from the following countries and territories: North Korea, Syria, Sudan, Iran, Cuba, and the so called People’s Republics of Donetsk and Luhansk and Crimea. The Customer undertakes not to use the Provider’s services, neither directly nor indirectly, if the Customer is located in these countries or territories. Furthermore, the Customer undertakes not to distribute the Provider’s services to third parties from the above-mentioned countries or territories. The Provider expressly points out that a violation of this undertaking could trigger legal consequences such as claims to compensation for damages and/or the exercise of special termination rights to which the Provider is entitled within the meaning of Clause 6 of these GTCs. The Provider reserves the right to adjust the list of countries and territories mentioned above at its own discretion as a result of changes in factual and political circumstances. The Provider will inform the affected customers of any adjustment with reasonable notice in advance. The Provider reserves the right for the subsequently included countries and territories not to conclude contracts with customers originating from there. The obligations and legal consecquences stipulated in these GTCs, such as, in particular but not limited to, claims for compensation and the Provider’s special termination rights, also apply to customers form countries and territories subsequently included.
(4) The Provider will perform an ongoing sanctions-list-screening based on the data communicated by the Customer to ensure that the Customer is not subject to applicable government sanctions. A Customer is affected by applicable government sanctions within the meaning of this provision if the Provider cannot reliably ensure that the Customer is not a natural person or company that is listed on so-called sanctions lists and is thus subject of applicable government sanctions. In this context, the Provider reserves the right not to conclude contracts with customers affected by government sanctions. The Provider expressly points out the Customer’s obligation according to Clause 2 (3), (4) of these GTCs to communicate data completely and correctly as well as to update that data constantly. Furthermore, the Provider expressly points out that a violation of these undertakings could trigger legal consequences such as claims to compensation and/or the exercise of special termination rights to which the Provider is entitled within the meaning of Clause 6 of these GTCs.
(5) The provider undergoes regular maintenance for the safety of its services and data protection. For this purpose, the provider may temporarily disable or limit the service, as long as important reasons justify this. The provider will carry out technical maintenance in off-peak hours whenever possible, unless the performance of technical maintenance is required at other times for safety reasons.
(6) In case of defects, the legal warranties’ regulations apply.
(1) The provider is liable in each case and without restriction for damages arising from injury to life, limb, or health, in all cases of malicious intent and gross negligence, for fraudulent concealment of a defect, for the assumption of warranty for the condition of the purchase item, for damages in accordance with the Product Liability Act and in all other cases of mandatory liability governed by law.
(2) If fundamental contractual obligations (“cardinal duties“) are affected, i.e. obligations whose proper execution of the contract and on whose compliance the customer may regularly rely, the supplier’s liability for slight negligence is limited to typical, foreseeable damage.
(3) Upon violation of non-essential contractual obligations, the liability for fundamental breach of contract is excluded.
(4) The limitations of liability also apply to personal liability of employees, representatives, entities, and agents of the provider.
(5) Data communication via the Internet can not be guaranteed to be available at all times without error at the current state of technology. The provider is not liable for the continuous or uninterrupted availability of the services. However, the provider guarantees access to the servers 99% of the time on annual average, although announced maintenance, support times, and times when the services are not reachable due to technical or other problems, which are not within the control of the provider, are excluded. The provider will in such cases invest every resource to restore the service.
(6) If the Provider is unable to provide the service due to force majeure (i.e. events beyond the Provider’s control, such as war, revolts (terrorist) attacks, epidemics, natural disasters or strikes), the Provider shall be released from its obligation to provide the service for the duration of the force majeure and the Customer shall be released from its obligation to render counter-performance. The contractual term will be extended by the period of interruption caused by the force majeure. If the force majeure is expected to last longer than three months, then either party may terminate the contract.
Each party reserves the right to terminate for good cause (without having to observe a notice period). Good cause particularly is considered given if the customer, despite having received a payment reminder, remains in default of a cardinal payment obligation or in culpable breach of the provisions of these terms and conditions, especially but not limited to the obligations mentioned under Clauses 3 (3), (4). The Provider reserves the right of termination (without having to observe a notice period) for cause, in particular for the following violations of Clause 3 of these GTCs:
The customer undertakes to indemnify the provider internally from all possible claims and demands of third parties that are caused by illegal actions of the customer or errors in the content of the information provided by the customer. This applies in particular to copyright infringement, data protection and competition violations as well as violations of these GTCs, in particular the obligations of Clause 3.
(1) All prices are retail prices are in USD and contain the legal sales tax as applicable. For services, the listed prices at the time of order placement are valid.
(2) The services of the provider have to be paid in advance by the customers; the customer is obliged to perform. Therefore, the customer can only use the services if sufficient credit is available on the customer account. Payments will be made only from one’s own customer account.
(3) Advance payments can be charged to the customer's account with the following methods: PayPal, SofortÜberweisung, paysafecard, credit card.
(4) A payout of the credit is not possible.
(5) Payments made via Paysafe card cannot be refunded for both legal and functional reasons.
(6) Refunds of monetary amounts that would violate applicable law are excluded. This is particularly the case if the customer originates from one of the countries and territories mentioned in Clause 3 (3) or if the customer is subject to governmental sanctions as defined in Clause 3 (4).
(7) The Provider is free to adapt its prices to market developments at any time. Any price increase will require consent from the customer. In the event of price increases, the customer shall have a special right of termination, which the customer must exercise within a reasonable period of time after receipt of the price increase notification specified by the provider in the individual case in the notification. If the customer does not exercise his special right of termination within the aforementioned period, the price changes shall become an effective part of the contract at the announced time.
(8) in the event of a change in the statutory sales tax, respectively in its method of calculation, the provider will be entitled to adjust its remuneration amounts accordingly.
(1) The customer is prohibited from using the following services in connection with web spaces and servers provided by the provider: FTP services or any similar services which go beyond the normal level of traffic. The customer shall not host any content that is extremist (especially right-wing extremist), mature or pornographic, commercially erotic, violent, racist, discriminating, harmful to children or ethnically offensive content, even content inciting to crime or instructions thereof. This applies even if such content can be accessed through hyperlinks or other connections that puts the customer on third party sites.
(2) The provider may terminate customer’s services if they differ from normal operating behavior uses or culpably violates these Terms and Conditions.
(1) The Provider shall provide its services in accordance with the EU Regulation 2016/679 (General Data Protection Regulation).
(2) If the Customer also wishes to process personal data of third parties with the Provider’s services, the customer shall remain the responsible party in terms of data protection law. The Provider shall only process personal data as a processor within the meaning of Art. 28 GDPR if a data processing agreement is concluded. The Customer is hereby informed that the Provider has basically no possibility to determine whether the Customer processes personal data of third parties at all and, if so, which categories of personal data of which data subjects are processed how and for which purpose. For this reason, it is the sole responsibility of the Customer to contact the Provider at email@example.com regarding the conclusion of a commissioned processing agreement and to provide the Provider with the necessary information for this purpose.
(1) The law of the United States of America, federal state of Wyoming applies to the exclusion of the UN Convention on the International Sale of Goods (CISG). This also applies to orders from abroad.
(2) The parties agree that the courts of the State of Wyoming, USA, shall have jurisdiction, except to the extent that a different place jurisdiction is mandatorily provided by law.
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