Last updated: June 01, 2024

1) Scope

1.1 These General Terms and Conditions (nachfolgend "AGB") of Liam Kremer trading as Trivox (hereinafter "Provider" and "Trivox"), apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Provider regarding the services presented by the Provider on its website. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Provider's Services

2.1 The Provider renders services to make content accessible via the Internet. For this purpose, the Provider makes system resources available to the Customer on a virtual server. The Customer can store content on this server up to a certain extent. The exact scope results from the Provider's service description.

2.2 On the server, the content is kept available for retrieval via the Internet under an Internet domain assigned to the Customer. The Provider's services in the transmission of data are limited to data communication between the transfer point of the Provider's own data communication network to the Internet and the server provided for the Customer. The Provider has no influence on data traffic outside its own communication network. Therefore, successful forwarding of information from or to the computer requesting the content is not owed to this extent.

2.3 The Provider's online service is offered subject to availability. 100 percent availability is technically not feasible and therefore cannot be guaranteed to the Customer by the Provider. However, the Provider endeavors to keep the service as constantly available as possible. In particular, maintenance, security or capacity concerns as well as events that are beyond the Provider's control (disruptions of public communication networks, power failures, etc.) can lead to disruptions or temporary shutdown of the service.

2.4 Unless otherwise agreed, the Provider does not create backup copies of the Customer's content. The Customer is responsible for creating and maintaining sufficient backup copies of their content stored with the Provider and for not storing this exclusively on the Provider's servers.

2.5 The Provider is entitled to adapt the hardware and software used to provide the services to the respective state of the art. If additional requirements for the content stored by the Customer on the server arise due to such an adaptation to ensure the provision of the Provider's services, the Provider will inform the Customer of these additional requirements in good time. In this case, the Customer must inform the Provider by no later than four weeks before the conversion date whether they will adapt their content to the additional requirements in time - i.e., no later than three working days before the conversion date. If the Customer refuses to adapt their content or does not declare this to the Provider within the aforementioned period, the Provider can terminate the contractual relationship with effect from the conversion date.

2.6 The Provider also assumes the procurement of the Internet domain(s) under which the Customer's content is to be made accessible. For this purpose, the Customer must name the desired Internet domain(s). The Provider does not guarantee the availability of the desired domain(s) or the non-infringement of third-party rights (e.g., name, trademark, or title rights) by registering the desired domain(s) for the Customer. If the desired domain(s) should no longer be available, the Provider will inform the Customer immediately and submit up to three alternative proposals that are as close as possible to the originally desired domain. The Customer must then decide on one of the alternative proposals within a reasonable period set by the Provider. If the Customer allows the reasonable period set by the Provider to expire without result, the Provider is entitled to select a domain for the Customer. The Provider is not responsible for obtaining rights to domains already registered by the responsible registration office for third parties. The integration of an external domain that is managed by another provider is not permitted. The Provider must register the domain in the name and for the account of the Customer. In particular, when selecting the domain name and the registration office as well as in negotiations about the conditions, the Provider has to independently safeguard the Customer's property interests and use its expertise in the service of the Customer. Upon request, the Provider must at any time provide information and account for the status and progress of its undertakings in this matter. All rights acquired in the domain and naming rights lie with the Customer.

3) Changes to Services

3.1 The Provider reserves the right to change the services offered or to offer deviating services, unless this is unreasonable for the Customer.

3.2 The Provider also reserves the right to change the services offered or to offer deviating services,

- to the extent that the Provider is obligated to do so due to a change in the legal situation;
- to the extent that the Provider thereby complies with a court judgment or decision by an authority directed against it;
- to the extent that the respective change is necessary to close existing security gaps;
- if the change is only advantageous for the Customer; or
- if the change is of a purely technical or procedural nature without significant effects for the Customer.

3.3 Changes with only insignificant influence on the Provider's services do not constitute changes to services within the meaning of this clause. This applies in particular to changes of a purely graphical nature and the mere change in the arrangement of functions.

4) Conclusion of Contract

4.1 The services described on the Provider's website do not constitute binding offers by the Provider, but serve for the submission of a binding offer by the Customer.

4.2 The Customer can submit the offer via the online order form provided on the Provider's website. After entering their personal data, by clicking the button concluding the ordering process, the Customer submits a legally binding contractual offer with regard to the selected services.

4.3 The Provider can accept the Customer's offer within five days,

- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by asking the Customer to pay after the Customer has submitted their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

4.4 If a payment method offered by PayPal is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays via a payment method offered by PayPal that can be selected in the online ordering process, the seller hereby declares the acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.

4.5 When submitting an offer via the Provider's online order form, the contract text will be stored by the Provider after the conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax or letter) after sending their order. The Provider will not make the contract text accessible beyond this. If the Customer has set up a user account on the Provider's website before sending their order, the order data will be archived on the Provider's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.

4.6 Before bindingly submitting the order via the Provider's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

4.7 The German language is available for the conclusion of the contract.

4.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Provider can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Provider or by third parties commissioned by the Provider to process the order can be delivered.

5) Right of Withdrawal

With the provision of the selected hosting services in our customer panel (https://v2.trivox.sh/), our service is fully rendered. The right of withdrawal expires hereby.

6) Customer's Obligations

6.1 The content stored by the Customer on the storage space intended for them may be protected by copyright and data protection law. The Customer grants the Provider the right to make the content stored by them on the server accessible via the Internet when queried, in particular to reproduce and transmit it for this purpose, as well as to be able to reproduce it for the purpose of data backup. The Customer checks on their own responsibility whether the use of personal data by them complies with data protection requirements.

6.2 The Customer undertakes not to store any content on the provided storage space that violates applicable law or infringes on the rights of third parties. The Customer also ensures that programs, scripts, etc. installed by them do not endanger the operation of the Provider's server or communication network or the security and integrity of other data stored on the Provider's servers.

6.3 The Customer indemnifies the Provider against all claims that third parties assert against the Provider due to the violation of their rights based on content stored by the Customer on the server. The Customer assumes the costs of the necessary legal defense including all court and attorney fees in an appropriate amount. This does not apply if the Customer is not responsible for the legal violation. The Customer is obligated to provide the Provider with truthful, complete information necessary for the examination of the claims and a defense immediately in the event of a claim by third parties.

6.4 In the event of an imminent or occurred violation of the aforementioned obligations, as well as in the event of assertion of not obviously unfounded claims of third parties against the Provider based on the content stored on the server, the Provider is entitled, taking into account also the legitimate interests of the Customer, to suspend the connection of this content to the Internet in whole or in part with immediate effect temporarily. The Provider will inform the Customer immediately about this measure.

6.5 If programs, scripts, etc. installed by the Customer endanger or impair the operation of the Provider's server or communication network or the security and integrity of other data stored on the Provider's servers, the Provider can deactivate or uninstall these programs, scripts, etc. If the elimination of the danger or impairment requires it, the Provider is also entitled to interrupt the connection of the content stored on the server to the Internet. The Provider will inform the Customer immediately about this measure.

6.6 For access to the storage space intended for the Customer, the Customer receives a user ID and a changeable password. The Customer is obligated to change the password at regular intervals. The Customer may only pass on the password to persons who have been authorized by them to access the storage space.

7) Security Regulations

7.1 Each Customer undertakes not to endanger the security of the site, in particular by:

- not gaining access to data that is not enabled for them
- not checking, scanning, or testing the systems used to operate the site for vulnerabilities and security gaps or attempting to bypass security or authentication measures
- not falsifying header information or IP addresses in emails.

7.2 Furthermore, each Customer undertakes to access or use Trivox only via browsers that are customary according to the respective state of the art. Any measures that impair the proper functioning of trivox are strictly prohibited. This applies in particular to the following measures or attacks: XSS, SQL injection, CSRF, phishing, DoS, DDoS, brute force, session capture, automated or script-controlled access, and other manual and automated attacks on technical infrastructures or interventions in the Provider's services.

7.3 Violations of these security regulations can have civil and/or criminal consequences. Trivox will investigate security violations and, if necessary, prosecute them with the help of law enforcement authorities and enforce civil claims.

7.4 In the event of an abuse report for a server or an IP address, the Provider is entitled to block the Customer's server or IP address. The Provider informs the Customer via email about the blocking.

8) Remuneration and Payment Conditions

8.1 Unless otherwise stated in the Provider's service description, the prices stated are total prices that include the statutory sales tax.

8.2 The payment options and payment modalities are communicated to the Customer on the Provider's website.

8.3 If a payment method offered via the payment service "PayPal" is selected, the payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal where they advance payment to the Customer (e.g., invoice purchase or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted Customer data. The seller reserves the right to refuse the selected payment method to the Customer in the event of a negative test result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only pay to PayPal or to the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the seller remains responsible for general Customer inquiries, e.g., about the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and sending, or credits.

8.4 If the payment method "SOFORT" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account that is activated for participation in "SOFORT", identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterward by "SOFORT" and the Customer's bank account is debited. The Customer can find more information about the payment method "SOFORT" on the Internet at https://www.klarna.com/sofort/.

8.5 If advance payment by bank transfer (SEPA transfer) is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date. The services will only be made available after receipt of the invoice amount in our bank account.

8.6 Negative balance authorization may be granted exclusively to verified reseller accounts at Trivox's sole discretion and can be refused, limited, suspended, or revoked at any time. A negative balance constitutes only a temporary payment deferral and does not release the Customer from any payment obligation. The reseller is obligated to settle any negative balance in full within 5 business days after occurrence. If full settlement is not made within this period, Trivox is entitled, without prejudice to further contractual or statutory rights, to suspend or terminate affected services and customer account functions, reject new orders or renewals, and initiate collection or legal enforcement measures. Any granted negative balance does not constitute a waiver, novation, or debt cancellation.

9) Conclusion of a Contract, Storage of the Contract Text

9.1 The following regulations on the conclusion of a contract apply to orders via the Provider's online shop and its control panels (https://v2.trivox.sh/).

9.2 In the event of the conclusion of a contract, the contract is concluded with

Liam Kremer trading as Trivox
Auf Staffels 44
53619 Rheinbreitbach
Rheinland Pfalz

9.3 By ordering the desired services, the consumer submits a binding offer to conclude a purchase contract.

9.5 When an order is received in our internet shop, the following regulations apply: The consumer submits a binding contract offer by successfully completing the ordering procedure provided in our internet shop.

9.5 The consumer can, before the binding submission of the order, by pressing the "Back" button contained in the internet browser used by them, return to the internet page on which the Customer's details are recorded and correct input errors or abort the ordering process by closing the internet browser. We confirm the receipt of the order immediately by an automatically generated email. Shortly thereafter, the services will be automatically made available to you in our customer panel at https://v2.trivox.sh/.

10) Liability

10.1 The Provider is liable from all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

10.2 The Provider is liable for any legal reason without limitation

- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body, or health,
- due to a guarantee promise, unless otherwise regulated,
- due to mandatory liability such as under the Product Liability Act.

10.3 If the Provider negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited according to the above clause. Material contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer may regularly rely.

10.4 Otherwise, liability of the Provider is excluded.

10.5 The above liability provisions also apply with regard to the Provider's liability for its vicarious agents and legal representatives.

11) Regulations for Registration, Management & Setup of the Customer Account

11.1 Unrestricted usage possibilities can be used by natural persons, partnerships, and legal entities that have legal capacity.

11.2 Minor Customers must prove consent from their legal guardians for the use of Trivox. Trivox can request consent in text form at any time.

11.3 Age verification may be required for larger product prices to comply with youth protection laws.

11.4 To create a valid customer account with Trivox, the Customer must provide a valid email address and a password. Incorrect information can lead to the deletion of the account and termination of all relationships; the credit balance will not be paid out.

11.5 We place great value on respectful and fair interaction with each other. Insults or extremely unfriendly statements towards our support staff will not be tolerated. We would like to emphasize that our support staff is always friendly and helpful. We strive to provide the best possible service and support and expect polite and constructive dialogue in return. In case of violations, we reserve the right to immediately take appropriate measures, including the termination of support services or other contractual agreements, up to blocking the customer account.

11.6 Trivox can block a customer account at any time if there is an important reason, such as a violation of the law or breach of the GTC. In this case, no refund of the credit balance or the amount paid will be made.

11.7 The credit loaded by the Customer cannot be paid out under any circumstances. It can only be used for the extension of existing services and the purchase of new services in the Provider's shop. In the event of chargebacks of payments or the opening of PayPal cases, we reserve the right to block the customer account and all associated services until further notice or also to permanently delete them.

12) Availability

The Provider's servers are normally available around the clock, 7 days a week. However, no guarantee is given for uninterrupted availability of the data. Trivox is not liable for data losses, interrupted data transfers, or other problems due to technical failures.

13) Provision of Services

13.1 To ensure the functionality and stability of our infrastructure, we reserve the right to deactivate or completely remove the product without prior notice in the event of extraordinary utilization of technical resources, in particular in the event of excessive or prolonged high demand on the network, processors, or working memory, to protect our infrastructure.

13.2 Customer support is available to Customers free of charge, with certain exceptions. We do not offer specific administrative help, but our customer support will support the Customer in accordance with the given possibilities as best as possible. There is no guarantee for this. We are also entitled, after consultation with the Customer, to offer chargeable services.

13.3 The activation of the product usually takes place automatically immediately after the order. In some special cases, such as domains, there may be delays in provision due to validation processes or third-party verifications, which may last indefinitely.

13.4 The domain booking is valid for at least one year. If the cancellation does not take place before the expiration of the agreed term, the domain will be automatically and irrevocably deleted. Trivox reserves the right to remove inactive domains.

13.5 The Provider forwards the Customer's registration request to the responsible registration authority (NIC). The Customer bears full responsibility for the legality, completeness, and correctness of their request and the information contained therein. The Provider normally does not perform any verification, not even for plausibility. The Provider has no influence on the registration and is not liable for its success. The Customer can only assume that the desired domain has been successfully registered when they are entered as the owner in the corresponding NIC. It is the Customer's responsibility to inform themselves about the allocation rules and GTC of the NIC for the respective domain and to agree with them.

14) Service Description

14.1 The services provided by us must not violate any applicable laws or copyrights. Furthermore, we do not tolerate the hosting (i.e., publishing, providing, storing, etc.) of pornographic content. We reserve the right to remove the service in case of violation of the above-mentioned reasons.

14.2 For technical reasons, the IP address assigned to the Customer may change at any time. There is no entitlement to the assignment or reservation of specific IP addresses.

14.3 We reserve the right to restrict the functionality of the platform or to completely discontinue the use of the platform to the extent necessary to comply with legal requirements. We inform Customers in advance in good time.

14.4 The inclusive traffic included in services is to be treated as "Fair Use". The standard "Fair Use" limit is 1 TB (terabyte). If the inclusive volume is exceeded, the network speed will be throttled to 1 Mbit/s.

15) Amendment of the GTC

15.1 The Provider reserves the right to amend these GTC at any time, provided that the Customer consents to the amendment.

15.2 The Provider also reserves the right to amend these GTC even without the Customer's consent,

- to the extent that the Provider is obligated to do so due to a change in the legal situation;
- to the extent that the Provider thereby complies with a court judgment or decision by an authority directed against it;
- to the extent that the Provider introduces entirely new services, service elements, or services that require a description of services in the GTC, unless this adversely changes the previous usage relationship;
- if the change is only advantageous for the Customer; or
- if the change is purely technical or procedural, unless it has substantial effects for the Customer.

15.3 The Provider will inform the Customer of material changes to these GTC in good time and in an appropriate form. Material changes are those that would significantly shift the contractual relationship to the Customer's disadvantage or would be equivalent to the conclusion of a completely new contract. These include, for example, regulations on the type and scope of the service or on contract duration and termination modalities.

15.4 The Customer's right of termination remains unaffected.

16) Applicable Law, Place of Jurisdiction

16.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

16.2 If the Customer acts as a merchant, legal entity under public law, or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Provider's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Customer's professional or commercial activity. However, in the above cases, the Provider is in any case entitled to call upon the court at the Customer's place of business.

17) Alternative Dispute Resolution

17.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

17.2 The Provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

18) Severability Clause

18.1 Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

18.2 In place of the invalid or unenforceable provision, a provision shall apply that comes closest to the meaning and purpose of the invalid or unenforceable provision.

18.3 The same applies in the event that these GTC contain a gap.