Terms and Conditions

Section 1 Scope, definitions

These Terms and Conditions ("GTC") apply to all legal transactions between on:NetworkAgency UG (haftungsbeschränkt), Holstenhofweg 54, 22043 Hamburg, Germany (hereinafter "on:NetworkAgency") and consumers, businesses, legal entities under public law, or special public-law funds within the meaning of Section 310(1) of the German Civil Code (BGB) ("Customer").
"Consumers" within the meaning of these GTC are natural persons who enter into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
"Businesses" within the meaning of these GTC are natural or legal persons and partnerships with legal capacity who, when concluding the contract, act in the exercise of their commercial, freelance, or independent professional activity.
Contract conclusion and order processing are generally subject to all provisions of these GTC. Insofar as the contracts concluded between the Customer and on:NetworkAgency and/or individual services are subject to specific terms ("offer terms") and/or individual agreements are made between on:NetworkAgency and the Customer, these shall always take precedence.
The Customer's general terms and conditions shall not become part of the contract, even if referred to in offers, orders, or acceptance declarations, or attached thereto, and even if not objected to.

Section 2 Contract conclusion, order processing

on:NetworkAgency's range of services and products includes consulting, concept, marketing, creative, and production services in the areas of graphic design, hosting, search engine marketing (SEM), search engine optimization (SEO), shop systems, custom programming, and websites. The details of the scope of services are set out in the respective contract.
The presentation of services, as well as all general service descriptions and/or price information associated therewith, are non-binding and do not constitute binding offers.
The conclusion of a contract requires at least text form. Changes and additions, including any deviation from the requirement of text form, likewise require text form. Text form within the meaning of these GTC may also be satisfied by email, SMS, or instant messaging services (e.g. WhatsApp).
If the Customer submits an inquiry by email, contact form, mail, or phone, on:NetworkAgency will prepare and send an individual offer based on the Customer's information, specifying all tasks involved and defined goals, in text form.
Unless the order is based on the Customer's acceptance of an individual offer from on:NetworkAgency under Section 2(4) of these GTC, orders, including any additional orders and changes to services already commissioned, only become binding once confirmed by on:NetworkAgency in text form. The Customer must likewise notify on:NetworkAgency in text form of any requests to change existing orders or individual offers made by on:NetworkAgency. on:NetworkAgency will only implement the Customer's requests if they are technically feasible and technically and economically reasonable. Any additional effort resulting from the requested change shall be compensated accordingly by the Customer to on:NetworkAgency. This also applies to the effort required to examine whether and under what conditions a change or addition is possible and feasible.
on:NetworkAgency is entitled to have the order carried out by subcontractors or agents. Insofar as on:NetworkAgency's liability is excluded or limited, this shall also apply to any personal liability of on:NetworkAgency's employees, representatives, or agents.

Section 3 Web hosting: services and obligations

As part of web hosting, on:NetworkAgency provides the Customer with system resources (storage space) for hosting the Customer's own websites, storing programs, images, documents, and other files and content, together with an internet connection.
Customers can select the web hosting plan that suits them on on:NetworkAgency's website and enter their desired domain. If the subsequent automated check determines that the domain requested by the Customer is still available, the ordering process continues, at the end of which the Customer receives a summary of their order and the contract details. After the Customer confirms the order, they are redirected to the website of the payment service provider used by on:NetworkAgency, where they enter their billing details and preferred payment method. Once the payment has been approved, the first payment amount agreed under the web hosting contract is promptly transferred by the payment service provider to on:NetworkAgency, and the web hosting contract is activated for use on the servers used by on:NetworkAgency. For payment by invoice, the invoice amount is due in full within 10 days of receipt of the invoice. Payments must be made in advance for the respective period.
Via the websites https://onhoster.de and https://onnetwork.agency, on:NetworkAgency offers customers server storage space in server facilities rented by on:NetworkAgency from the server service provider Hetzner Online GmbH, Industriestraße 25, 91710 Gunzenhausen, for operating a website and/or using email mailboxes.
The storage space provided to the customer can be freely used by them within the scope of the respective contract purpose, in compliance with applicable legal provisions and in accordance with the following regulations. The uploading of all data is the responsibility of the customer, unless a different agreement has been made.
It is prohibited to use the servers/server storage space/server capacities provided by on:NetworkAgency for the distribution of malware or maliciously acting botnets, for sending newsletters via email, for sending spam emails and/or phishing emails, for trademark and/or copyright infringements and/or for trademark and/or copyright piracy, for fraudulent or misleading practices, for product counterfeiting or other conduct that violates applicable law.
It is prohibited to use the servers/server storage space/server capacities provided by on:NetworkAgency for any type of crypto mining or for the distribution of content that is extremist, in particular right-wing extremist, pornographic, commercially erotic, violent, glorifying violence, racist, discriminatory, harmful to minors, or of a nature inciting hatred, as well as for content that calls for the commission of criminal offenses or provides instructions for them. The foregoing also applies if such content is made accessible through hyperlinks or other connections that the customer places on third-party sites.
Details on the various tariffs are presented on the on:NetworkAgency website.
Additionally, maintenance support in the form of an online remote maintenance service (IT service) is offered. This additional service, unless included in the individual tariffs or due to differing agreements made in the respective contract, is subject to a fee and will be charged as technical support services separately per commenced 15 minutes at the valid hourly rate.
The provision of free additional services and benefits by on:NetworkAgency outside of contractual agreements can be discontinued at any time. There is no claim to the continuation of these services and benefits, nor are there any claims for reduction or damages.
on:NetworkAgency is entitled to make physical servers, if available, accessible to other customers as well. The storage space contractually provided to the customer is separated, making it appear as an independent server to other customers/third parties ("virtual server").
Unless otherwise contractually agreed, the customer is responsible for backing up their data on the resources provided by on:NetworkAgency. on:NetworkAgency performs internal backups. on:NetworkAgency does not guarantee successful data backup on the backup server(s). If the customer wishes to receive these backups, this must be individually agreed upon in the contract.
The customer has no claim that the same IP address will be assigned to the server for the entire contract term.
Data transfer to the customer's virtual server is done via File Transfer Protocol Explicit Secure (FTPES).
The customer's server access for the purpose of independently storing, changing, adding, or deleting website(s) and/or emails and/or email mailboxes by the customer is provided by on:NetworkAgency assigning a username and password to the customer.
on:NetworkAgency undertakes to provide the connection and to make reasonable efforts to establish a connection to enable the accessibility of incoming inquiries to the server, the retrievability of customer data from the server, and the storage of customer data if the website has corresponding functions. Uninterrupted, trouble-free access to the internet cannot be guaranteed due to limited performance capacities and transmission speeds. on:NetworkAgency does not assume any further obligation to ensure an uninterrupted and constant existence of a specific data transmission speed at all times.
Any access impairments within the usual scope do not constitute a breach of performance by on:NetworkAgency. Should technical malfunctions occur in on:NetworkAgency's facilities, on:NetworkAgency will rectify them immediately within the scope of existing technical and operational possibilities. Necessary operational/connection interruptions for preventive or necessary maintenance work will be announced as early as possible once on:NetworkAgency becomes aware of them. For this purpose, on:NetworkAgency reserves a maintenance window of 12 hours per year, which will be divided as needed and does not negatively impact on:NetworkAgency regarding any communicated and/or contractually guaranteed server availability percentages. The same applies to security-relevant necessary maintenance work, which will be carried out immediately.
The system status can be viewed by the customer at any time at https://status.onhoster.de.
The email servers mx1.onhoster.de and mx2.onhoster.de are redundant and protected against failures.
Access impairments or other disruptions (e.g., router failure, network failure, customer's lack of internet connection), as well as disruptions attributable to the server service provider, do not constitute a breach of performance by on:NetworkAgency.
All domains hosted by on:NetworkAgency (cf. § 5 below for details) use the Cloud-Delivery-Network (CDN) from Cloudflare Inc. to protect the servers used by on:NetworkAgency, the domains, and the services, websites, etc. provided under the domain from external attacks ("hacking"). For this purpose, Cloudflare Inc.'s DNS nameservers are entered in the domain. A data processing agreement (DPA) has been concluded with Cloudflare. The customer agrees that all network traffic to the customer's domain will be collected and utilized by Cloudflare for security and performance purposes.

Section 4 Search Engine Optimization (SEO), Search Engine Marketing (SEM)

As part of search engine marketing (SEM) and search engine optimization (SEO), on:NetworkAgency provides services with the aim of increasing the visibility of customers' websites. The specific goals, e.g., the generation of clicks, conversions, or traffic, are defined between the parties when placing the order and recorded in text form in the order confirmation (cf. § 2 Para. 3 to Para. 5 of these GTC).
on:NetworkAgency optimizes the customer's websites or ad texts using the available options/accesses and implements measures in coordination with the customer to achieve a better position in the search results of various search services, advertising networks, or websites during the contract term. The optimization is carried out based on search terms and search term combinations (keywords) jointly agreed with the customer.
on:NetworkAgency can manage related, neighboring, or similar search terms and search term combinations (keywords) for different customers and is not obliged to prioritize the interests of one customer over those of another. The customer does not receive exclusivity for specific terms. The match types (keyword options) that are appropriate for the respective customer goal are used.
on:NetworkAgency provides search engine marketing services based on the information provided by the customer and automatically extracted content from the customer's websites. Based on this keyword list, on:NetworkAgency suggests texts for advertisements, which the customer can change and adapt at any time. Performance-influencing measures in the customer's advertising account are carried out by on:NetworkAgency during the term after consultation with the customer. The advertisements are placed and displayed accordingly in search engines when searching for specific keywords. on:NetworkAgency will not book advertising space on search engines, advertising networks, or websites that exclusively or predominantly contain the following material: sexually explicit, offensive content, depictions of violence, discriminatory statements or depictions regarding race, gender, religion, nationality, disability, sexual orientation or age, and radical political content. The customer undertakes not to make statements with corresponding content when defining keywords and creating the keyword list.
on:NetworkAgency will store the ad texts of its choice on its own server or the server of the search engine operator.
The number of clicks, conversions, or traffic generation depends on various factors, such as the demand for the defined keywords, the quality factors of the advertisement, and the budget used by the customer. The customer's advertisements will be displayed until the daily budget defined by the customer is reached. However, on:NetworkAgency does not undertake to exhaust the daily budget defined by the customer every day. The prices for clicks are calculated based on the prices per click (Cost per Click, CPC) for an advertisement set by the search engine and portal operator.
The customer specifies the amount of the monthly, variable budget to be utilized for the respective service. The actually charged variable costs may in individual cases exceed the set budget by up to 15%, due to CPC price adjustments by the search engine operators. The agreed basic fee and the daily or monthly budget set by the customer remain unaffected by this.
on:NetworkAgency does not guarantee that third-party services, especially network services, will always be available without interruption and errors. on:NetworkAgency is not responsible for delays in performance due to force majeure and due to events that significantly impede or make performance impossible for on:NetworkAgency not only temporarily (in particular strikes, lockouts, official orders, etc.). If the delay in performance lasts longer than three months, the customer is entitled to extraordinary termination of the contract after a reasonable grace period.
The customer assures that they are the legitimate domain owner of the website or are authorized by the domain owner to use it. The customer undertakes to observe and comply with the applicable law of the Federal Republic of Germany. Since on:NetworkAgency provides its services, among other things, based on the content of the customer's website, the customer undertakes to comply with the obligations listed below regarding the legality of their website.
The customer undertakes to check the automatically generated advertisements for legal infringements under their own responsibility. The automatically generated texts for the advertisements are available as a preview and can be approved by the customer for ad placement. The customer must not violate legal prohibitions, good morals, and third-party rights (trademark, name, copyright, data protection rights, etc.) through their website, including all pages and subpages, external content displayed there, the designation of their email address, and other content of their website.
Within the scope of the contractual relationship, it is not the task of on:NetworkAgency to check the customer's websites for possible legal infringements. This obligation remains fully with the customer.
on:NetworkAgency reserves the right to delete advertisements subject to a fee if they violate the country-specific terms of the search engine operators or advertising networks.
If on:NetworkAgency uses content from the URL specified by the customer or, if the customer has not specified a specific URL, from the entire customer's website when creating the ad texts and the keyword list, the customer grants on:NetworkAgency a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable and transferable license to copy, distribute, modify, display, publicly perform the content in connection with on:NetworkAgency's service and business. The customer guarantees on:NetworkAgency that they possess these rights.
The customer indemnifies on:NetworkAgency from all third-party claims upon first request that are asserted against on:NetworkAgency as a result of a breach of the obligations listed in § 4 and/or damaging actions of the customer for which the customer is responsible, and compensates for further damages, including the costs for any necessary legal prosecution and defense.

Section 5 Domains & SSL Certificates

If the contract concluded between the customer and on:NetworkAgency includes the procurement and/or maintenance of domains, on:NetworkAgency will register these with a suitable body of its choice as an authorized registrar, intermediate registrar, or directly. In the procurement and/or maintenance of domains, on:NetworkAgency acts merely as an intermediary in the relationship between the customer and DENIC or any other organization responsible for domain allocation. The administration of top-level domains is carried out by various organizations, and each organization has its own terms regarding registration and administration for both top-level and sub-level domains, as well as procedures for domain disputes. If top-level domains are part of the contract, the corresponding terms and conditions of the respective organization apply additionally. If .de domains are part of the contract, both the DENIC domain terms and the DENIC domain guidelines apply.
on:NetworkAgency has no influence on the allocation of domains by the individual bodies. It assumes no guarantee for the successful allocation of the domain requested by the customer. Furthermore, on:NetworkAgency assumes no guarantee that the allocated domain is free of third-party rights or will remain in existence permanently.
The customer guarantees that the domain they request does not violate any third-party rights. This applies in particular to brand names, company and naming rights, as well as intellectual property rights. The customer also ensures that the requested domain does not violate any criminal and/or fine-related regulations, nor does it breach any other legal provisions. The customer further ensures that the use of the requested domain does not violate any criminal and/or fine-related regulations, nor does it breach any other legal provisions.
The customer indemnifies on:NetworkAgency against all third-party claims for compensation and all expenses based on the unauthorized use of a domain by the customer or use approved by the customer.
Regarding .de domains, the customer agrees that the domain will not be renewed and the contract concluded with on:NetworkAgency for this purpose will expire at the end of the respective contract period if a renewal of the domain term has not been agreed upon, is no longer desired, or the term expires for other reasons. Upon expiration of the registration, the customer's .de domain will be deleted at DENIC and the corresponding contractual relationship will also be terminated. The customer's .de domain will subsequently be released for anyone to register. All information stored or hosted under the .de domain will no longer be accessible after the domain contract expires. The customer undertakes to create appropriate backups in a timely manner and to store/secure them. The customer acknowledges that after contract termination and the release of the .de domain to the public, on:NetworkAgency maintains no backups of the data and can neither recover nor restore the customer's .de domain or the information stored or hosted under it.
If the contract concluded between the customer and on:NetworkAgency includes the procurement and/or maintenance of SSL/TLS certificates, on:NetworkAgency acts merely as an intermediary in the relationship between the customer and the respective issuer of the certificate.
on:NetworkAgency has no influence on the issuance of certificates. It assumes no guarantee for the successful allocation of the SSL certificate. Furthermore, on:NetworkAgency assumes no guarantee that the allocated SSL certificate will remain in effect permanently.
Every domain successfully procured by on:NetworkAgency (see § 4, item 1) automatically receives a wildcard TLS certificate, which on:NetworkAgency obtains from Let's Encrypt, a free, automated, and open certificate authority.

Section 6 Cooperation Duties of the Customer

The customer is obliged to support on:NetworkAgency in such a way that the purposes and goals of the concluded contract can be fulfilled in the best possible way.
In particular, the customer must provide on:NetworkAgency with all information deemed necessary by on:NetworkAgency for the execution of the contract in a timely manner and free of charge, as well as provide information, documents, materials, access data, and requested content and elements in a form that on:NetworkAgency can use directly, and grant access to all systems and facilities necessary for the provision of services by on:NetworkAgency.
The customer guarantees that all documents, materials, content, and elements provided by them are free of third-party intellectual property rights; in this respect, they indemnify on:NetworkAgency against any claims.
If on:NetworkAgency cannot meet any contractually agreed deadlines because the customer does not fulfill their cooperation duties despite being requested to do so, the corresponding contract deadlines shall be extended to a reasonable extent. Any further claims on the part of on:NetworkAgency remain unaffected by this.

Section 7 Retention of Title and Intellectual Property

All services remain the property of on:NetworkAgency until the customer has fulfilled all contractual payment obligations.
Regardless of this, intellectual property and copyrights remain with on:NetworkAgency, which specifically includes service results as work/services or parts of work/services such as documents, evaluations, planning documents, know-how, reports, drawings, sketches, samples, models, methods, procedures, reproductions, and similar materials, specifications, program designs, (electronic) files, data collections, individual software including associated documentation, manuals, IT systems in the form of source codes or in any other form created for the customer in written, machine-readable, and/or other forms of representation. As long as service results are not completed, the corresponding partial results are considered service results within the meaning of this contract.
The granting of any usage rights by on:NetworkAgency to the customer remains unaffected by this.

Section 8 Warranty, Acceptance

on:NetworkAgency undertakes to perform the contractually agreed service with the greatest possible care. on:NetworkAgency is liable for any defects, at its own discretion, through rectification or new production. If customer-specific settings can only be determined online, the transmission of corresponding data takes place at the customer's risk via the internet without guarantee. Corresponding notifications are valid upon receipt and will be used by on:NetworkAgency as binding for the performance of services until the time new data is received via the internet. Any delays occurring in this process are due to technical reasons and do not constitute defective performance.
on:NetworkAgency will notify the customer when the contractually agreed service has been fully rendered and can be accepted.
After receipt of this completion notice, the customer is obliged to accept the contractually agreed service immediately, but at the latest within 14 days (fourteen days). Acceptance may not be refused for design or artistic reasons.
If the customer does not report any defect to on:NetworkAgency within 14 days (fourteen days) after receipt of the completion notice, the contractually agreed service is deemed accepted. The same applies if a defect appears after acceptance.
After completion of the respective partial service, on:NetworkAgency can demand acceptance of the partial service from the customer and, after all adjustment services have been carried out, an additional overall acceptance of all services.
The successful elimination of defects is considered final acceptance. Should the customer discover further defects thereafter, these will be billed separately.
Final acceptance of a website project also occurs automatically if the customer instructs on:NetworkAgency to finally put the site online.
If the customer violates their obligation regarding inspection and notification of defects, the contractually agreed service is deemed accepted with regard to the defect concerned, unless on:NetworkAgency has fraudulently concealed the defect.

Section 9 Payment Terms

The remuneration to be paid is set out in the respective contract. Unless otherwise agreed contractually, the customer must pay 50% (fifty percent) of the agreed total sum upon conclusion of the contract, for which on:NetworkAgency will issue an invoice. Invoices are due for payment within 10 days after receipt of the invoice and are payable without deduction. The customer is in default at the latest if they do not pay within 30 days after the due date and receipt of an invoice or equivalent payment schedule. This applies to a debtor who is a consumer only if these consequences have been specifically pointed out in the invoice or payment schedule. If the time of receipt of the invoice or payment schedule is uncertain, the debtor who is not a consumer is in default at the latest 30 days after the due date and receipt of the consideration.
In the case of service provision that goes beyond the normal scope, on:NetworkAgency is entitled to invoice the customer for reasonable installment payments. Any partial services to be paid proportionately remain unaffected by this.
For cross-border services, a so-called digital tax may apply. Digital tax is levied by some countries to participate in the value creation of digital products from companies that do not have a permanent establishment in the respective state but nevertheless generate sales or profits. If digital tax applies, it is billed directly to the customer by this company (e.g., Google LLC) and must be paid by the customer in addition to and independently of the remuneration to be paid to on:NetworkAgency. Insofar as on:NetworkAgency is charged with digital tax for services provided on behalf of the customer, the customer undertakes to indemnify on:NetworkAgency against any claims in this regard.
on:NetworkAgency is entitled to debit due one-time or recurring invoice claims directly from the payment service provider used by on:NetworkAgency using a payment method specified by the customer in the customer portal or upon conclusion of the contract.
The customer shall bear any costs arising from a failed payment or direct debit.
The customer agrees that invoices and any reminders will be sent exclusively by email.
If the customer is in default with due payments, on:NetworkAgency reserves the right not to perform further services until the outstanding amount is settled and to pass on any resulting costs to the customer.
The customer must assert objections to invoices within 7 days (seven days) after receipt of the invoice. After this period, objections can only be asserted if the customer was prevented from meeting this deadline through no fault of their own.
on:NetworkAgency is entitled to credit payments against any older liabilities of the customer. In the case of costs and interest already incurred, on:NetworkAgency can credit payments first to the costs, then to the interest, and finally to the main service, about which on:NetworkAgency will inform the customer.
In the event of default in payment, on:NetworkAgency is also entitled to block the customer's access to any relevant offers/content until the outstanding amount is received. The customer can only set off claims from on:NetworkAgency with undisputed or legally established counterclaims.

Section 10 Service Adjustments, Price Adjustments

on:NetworkAgency may change its services if and to the extent that this is necessary for a valid reason that was not foreseeable at the time the contract was concluded, and the relationship between performance and consideration is not shifted to the disadvantage of the customer, so that the change is reasonable for the customer. A valid reason exists if the adjustment is necessary to adapt the services to the state of the art and security, the development of legal and regulatory requirements, particularly in the areas of data protection, telecommunications, and IT security, as well as market developments, particularly customer expectations for comparable services, for example, with regard to performance, storage capacities, user-friendliness, and efficiency.
on:NetworkAgency will notify the customer of the change in text form within a reasonable period before it is planned to take effect. In the event of a change, the customer has the right to terminate the contract in text form at the time the change takes effect without observing a notice period. This does not apply if the change is exclusively to the customer's benefit. The customer will be separately informed of their right of termination in the change notification.
on:NetworkAgency is entitled to make price adjustments once a year for services involving recurring payments during the contract term. However, on:NetworkAgency will not make these adjustments before the end of 6 months (six months) from the conclusion of the contract. Price adjustments must be announced to the customer at least in text form within a period of 2 months (two months). In the event of a price adjustment, the customer is entitled to terminate the contract at the time the price adjustment is scheduled to take effect.

Section 11 Term, Contract Termination, Cancellation

The minimum contract term for booking domains or web hosting as well as the use of licenses is one year.
If the contract has been concluded for a specific period or if a minimum contract term has been agreed with the customer, the contract shall be extended by the agreed time or by the minimum term, but by no more than one year, if the customer is an entrepreneur and the contract is not terminated with a notice period of 3 months (three months) to the respective end of the specific period, the minimum contract term, or the extended term. Insofar as domains are the subject of the contract, the notice period for these is 1 month (one month) by way of derogation. If the customer is a consumer, the contractual relationship is tacitly extended for an indefinite period if it is not terminated one month before the end of the term or minimum contract term. A tacitly extended contractual relationship can be terminated at any time with a notice period of one month.
A contractual relationship concluded for an indefinite period can be terminated ordinarily by both parties at any time without giving reasons with a notice period of 3 months (three months).
The right to extraordinary termination for good cause remains unaffected.
Regarding special and/or promotional offers, different notice periods may apply, which the customer will be separately informed of before the contract is concluded. The right to extraordinary termination for good cause remains unaffected. This applies in particular if the customer
is in default with an amount equal to at least one monthly basic fee or
violates these GTC.
on:NetworkAgency reserves the right to ordinarily terminate the business relationship if the customer objects to a change to these General Terms and Conditions.
With the exception of contract termination due to extraordinary termination for good cause (see § 10, item 5 above), unused remuneration will be repaid to the customer proportionally after contract termination. All data will be blocked after termination or expiration of the service period and permanently deleted after 4 weeks. The customer is responsible for creating backup copies of emails and website data as well as for any server move.
Cancellations must be made at least in text form to be effective.

Section 12 Liability and Indemnification Clause

Risks regarding the legal admissibility of the activity and the creation of projects by on:NetworkAgency are borne by the customer. The customer indemnifies on:NetworkAgency against third-party claims if on:NetworkAgency has acted at the express request of the customer, even though on:NetworkAgency has informed the customer of its concerns regarding the admissibility of measures.
If on:NetworkAgency deems an examination regarding industrial property rights by a particularly expert person or institution necessary for services to be performed, the customer shall bear the costs of this examination after prior coordination.
on:NetworkAgency is liable in cases of intent or gross negligence on the part of one of its representatives or vicarious agents in accordance with legal provisions. Otherwise, on:NetworkAgency is only liable for injury to life, limb, or health, for culpable breach of essential contractual obligations, or in the event of fraudulent concealment of a defect, as well as after the assumption of a guarantee by on:NetworkAgency.
If the customer commissions third parties with tasks that belong to the service owed by on:NetworkAgency, on:NetworkAgency assumes no responsibility for the functionality of its service nor for the fact that third parties can build their own services on any previous services of on:NetworkAgency. on:NetworkAgency is not obliged to support third parties.
The liability of on:NetworkAgency is limited in amount to the damages typical for comparable transactions of this type that were foreseeable at the time the contract was concluded or at the latest when the breach of duty was committed.
The liability of on:NetworkAgency for consequential damages resulting from the legal grounds of positive breach of contract is excluded if and to the extent that the liability for the same does not result from a breach of obligations essential for the fulfillment of the contract purpose.
If the customer recognizes a legal violation by third parties or has indications thereof, they are obliged to inform on:NetworkAgency immediately. The customer undertakes to indemnify on:NetworkAgency against all claims asserted against on:NetworkAgency in connection with the use of services of on:NetworkAgency by the customer, in particular due to possible violations of third-party rights or legal regulations. In addition, the customer is obliged to pay for all other damages and/or expenses incurred by on:NetworkAgency in connection with a breach of contract or illegal use of its services by the customer, in particular through the assertion of claims due to possible violations by third parties. This indemnification clause specifically includes the obligation to indemnify on:NetworkAgency against necessary legal defense costs.
The customer is liable for all consequences and disadvantages incurred by on:NetworkAgency or third parties through abusive or illegal use of services of on:NetworkAgency or because the customer does not fulfill their other obligations.

Section 13 Data Protection

on:NetworkAgency collects, processes, and uses personal data of a customer without further consent, insofar as it is necessary for the establishment and processing of the contract as well as for billing purposes. Further information is available online at https://onnetwork.agency/datenschutz.
on:NetworkAgency expressly points out to the customer that data protection for data transmissions in open networks, such as the internet, cannot be comprehensively guaranteed according to the current state of the art. The customer knows that the provider can view the page offer stored on the web server and, under certain circumstances, other data of the customer stored there at any time from a technical perspective. Other participants on the internet may also be technically able to interfere with network security without authorization and control message traffic. The customer is fully responsible for the security and securing of the data transmitted by them to the internet and stored on web servers. If the European Union General Data Protection Regulation (GDPR) applies to personal data entered or used by the customer, a separate DPA (Data Processing Agreement) is to be regarded as an associated part of these GTC. In the event of contradictions between the DPA and these GTC, the provisions of the DPA shall prevail. The DPA must always be drawn up in writing or in electronic form.

Section 14 Applicable Law and Jurisdiction

The business relationships between on:NetworkAgency and the customer are subject to the law of the Federal Republic of Germany.
The contract language is German.
The place of jurisdiction is the registered office of on:NetworkAgency.

Section 15 Final Provisions

The invalidity of individual provisions of these GTC does not affect the validity of the rest of the contract. An invalid clause shall be replaced by supplementary interpretation, if possible, by a provision that comes as close as possible to the original purpose; if this is not successful, the legal provisions shall apply.

Zuletzt aktualisiert: 30. March 2025