General Terms and Conditions
These terms and conditions apply to the company CimeyClust, as well as the Minecraft server CimeyCraft, which is operated by CimeyClust. Everything explained in these terms and conditions for CimeyClust applies equally to CimeyCraft's website and services.
Managing Director: Leon-Alexander Martin
CimeyClust, an unofficial small business, operates two internet portals under the name "CimeyClust", which are accessible with the domains / URLs "cimeyclust.com" and "cimeycraft.net". CimeyClust is generally an IT services company that, in addition to programming various software, also offers hosting of the same on external servers. Customers can register for free on the CimeyClust website. The registration requires a user name, e-mail address and password.
The General Terms and Conditions ("GTC") regulate the contractual relationship between CimeyClust and the Client using the IT services (hereinafter also referred to as "Client").
CimeyClust offers its customers via the internet portal www.cimeyclust.com the possibility to commission software to be created for a fee and / or to host software to be provided by themselves on external servers of CimeyClust. (This includes any kind of software, such as websites, Discord bots, ...) In addition, CimeyClust offers the possibility to purchase special ranks or other game benefits on the Minecraft server "CimeyCraft".
CimeyClust will, at the request of the customer in the procurement and / or maintenance of domains in the relationship between the customer and the respective organization for domain allocation fee as an intermediary. CimeyClust has no influence on the domain allocation and does not guarantee that the domains requested for the customer will be allocated at all and/or that allocated domains are free of third party rights or will last permanently. The following regulations are still to be observed in the procurement and/or maintenance of domains:
a) The customer guarantees that the domain applied for by him does not violate any rights of third parties. A possible loss of the domain of the customer has to be reported to CimeyClust immediately.
b) As far as the client has not yet provided any content for a domain brokered by CimeyClust or a domain maintained by CimeyClust, CimeyClust is entitled to place its own content such as advertising for itself or third parties free of charge.
c) If the customer cancels a domain, the domain will not be deleted immediately, but will not be renewed until a potential renewal, on the part of the domain allocation agency, but will be canceled. The customer does not have the right to revoke the cancellation after the expiration of the domain extension.
d) If it is not possible to cancel or order a domain on the part of the domain allocation agency, CimeyClust is not liable, but the domain allocation agency Namecheap (https://namecheap.com) is liable.
The use of the services of CimeyClust requires the registration as a customer. The registration itself is free of charge. CimeyClust can refuse the registration of a customer at any time without giving reasons. For registration the customer has to fill in the registration form; as access data the customer chooses a user name and a password.
The server services may only be used for the purposes specified by CimeyClust. It is forbidden to store illegal content on the provided storage space or to distribute illegal text content through the server's communication facilities.
The use of the Internet portal of CimeyClust and its functions exists only within the framework of the current state of the art. Temporary restrictions can result from technical disturbances such as interruption of telecommunication, power supply, hard- and software errors.
III. Conclusion of Contract, Price Offer, Terms of Payment
The services listed by CimeyClust on the Internet portal and the order options are only an invitation to the customer to submit an offer. A binding contract between CimeyClust and the customer is only concluded after the successful registration according to section I. and order according to section V. 3. and 4.
If the Client makes use of an IT service, the contract will only be concluded once the Client has first informed CimeyClust about all details of the order and CimeyClust expressly requests payment. Upon payment, the Client will be asked to accept the General Terms and Conditions, which will thus lead to the conclusion of the contract.
IV. Rules for registration
Only any natural person, partnership or legal entity with unlimited legal capacity can become a customer with unlimited usage.
Customers who are minors are granted a limited possibility of use. With registration the underage customers assure that a consent of the legal guardians for the use of the server services of CimeyClust is available. CimeyClust is entitled to request the consent of the legal guardians in text form at any time.
In order to comply with the requirements of the protection of minors, CimeyClust is entitled at any time to request suitable proof of age verification.
The customer has to provide the data requested in the registration form completely and correctly. Registration with extraneous or otherwise inaccurate information is prohibited. If this case does apply, CimeyClust is entitled to delete the account immediately and without consultation with the client.
V. Payment of services
When purchasing a product from CimeyClust, the price valid at the time of the order will be charged, through the payment method indicated by the Client.
CimeyClust, in the case of an order from the Client, has the immediate right to demand the price to be paid, through the method indicated by the Client, and then to send an invoice to the Client. For more information on the right of withdrawal, see point VIII.
V.a Recurring payments
If the Client enters into a hosting contract or a domain lease contract with CimeyClust, CimeyClust will, with the prior consent of the Client, collect recurring payments from the Client at specified intervals, through the payment method specified by the Client.
VI. Termination of the Account
The Client may terminate the contractual relationship with CimeyClust at any time at the end of the term of the server services booked by him. Unless there was an important reason for this on the part of CimeyClust, a refund of any hosting service provided will not be considered.
CimeyClust may terminate the Client's right to use the Internet Portal, the CimeyClust Service and/or the Account Overview if CimeyClust determines that the Client has violated the Agreement or these Terms and Conditions. In the event of termination by CimeyClust, no refunds will be made at all due to a legal/contractual violation. Furthermore, in this case, all services started will be terminated by CimeyClust and deleted on the spot.
CimeyClust will delete the data of a registered client if the client has not logged in to the internet platform with his user data for more than one year and does not claim any active hosting services.
The business of CimeyClust may change over time and so CimeyClust reserves the right to change the CimeyClust service. Likewise, CimeyClust reserves the right to suspend or discontinue, in whole or in part, the CimeyClust Service or Client's use thereof. If CimeyClust exercises this right, the Client has the possibility to terminate long-term offers, such as hosting, without notice and receive a claim.
The personal data of the Client will be collected, stored, processed and used in compliance with the data protection law to the extent necessary for the execution of the contract in an automated procedure. CimeyClust is entitled to pass on the data to natural or legal persons in the course of business transactions.
The customer can revoke his consent to the storage of the data at any time without giving reasons to CimeyClust. If the client's data is to be permanently deleted, a notification to CimeyClust is sufficient. It is pointed out that under certain circumstances certain personal data may only be deleted after a certain period of time due to legal or contractual retention obligations. In this case, the data concerned will be blocked until it is deleted. With the deletion of the data, the existing right of the customer to use the Internet portal, the CimeyClust service and/or the account overview is also automatically terminated.
CimeyClust points out that so-called cookies or other techniques are used to store essential data. These cookies are technically indispensable, so CimeyClust has the right to store cookies to manage the account and to process them internally in the system, without asking for the Client's consent.
VIII. Right of withdrawal
The customer, who is a consumer in the sense of § 312 d Abs.1 BGB has the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day of the conclusion of the contract.
If the customer uses an IT service or buys a software, the customer gives his right of withdrawal with consent. CimeyClust explicitly points out to the Customer at each purchase that he loses his right of withdrawal by purchasing such a product, by § 356 Abs. 5 BGB.
In order to exercise the right of withdrawal, the Client must inform CimeyClust by mail, by telephone, or by e-mail by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) of his decision to withdraw from this contract. The Client may use the attached model withdrawal form for this purpose, which is, however, not mandatory.
The revocation is to be addressed to:
12249 Berlin, Germany
E-mail: email@example.com / Support-Ticket (https://cimeyclust.com/support)
Phone: DE/EN: +49 (0) 175 8261470 (No telephone support)
For calls to German landlines (+49): charges depend on the provider. Calls from mobile phones vary, max. 42 cents/min incl. VAT. Please ask your telephone provider for charges for calls to foreign countries.
In order to comply with the cancellation period, it is sufficient that the notification of the exercise of the right of cancellation was sent before the end of the cancellation period.
Consequences of revocation In the event of an effective revocation, the mutually received benefits must be repaid immediately, at the latest within fourteen days from the day on which the notification of the revocation of this contract was received by CimeyClust. For this repayment, CimeyClust will use the same means of payment that the Client used in the original transaction, unless expressly agreed otherwise; in no case will any fees be charged because of this repayment. If the Client has requested that the services begin during the withdrawal period, the Client shall pay CimeyClust a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which CimeyClust informs the Client of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.
CimeyClust is liable to the Client in accordance with the statutory provisions for damages arising from injury to life, body or health that are based on an intentional or negligent breach of duty by CimeyClust as well as for other damages that are based on an intentional or grossly negligent breach of duty as well as fraudulent intent.
Furthermore, CimeyClust is liable for damages according to mandatory statutory provisions as well as in the case of the assumption of guarantees. Unless one of the aforementioned cases exists, CimeyClust is only liable for slight negligence if its legal representatives, executive employees or other vicarious agents violate an essential contractual obligation. In these cases the liability is limited to typical and foreseeable damages. In all other cases, CimeyClust is not liable for slight negligence. CimeyClust is not liable for indirect or consequential damages.
CimeyClust is not liable for input, transmission and / or evaluation errors, as these are beyond the control of CimeyClust.
Client is responsible for content that he puts on the Internet and is liable for any violations of the law.
CimeyClust has the right to correct obvious errors, especially in the indication of information and prices, even after the fact. A claim for damages by the customer is excluded in these cases.
X. Changes to the general terms and conditions
CimeyClust is entitled to change the content of these GTC with the Client's consent, provided that the change is reasonable for the Client, taking into account the interests of CimeyClust. Consent to the amendment is deemed to have been given unless the Client objects to the amendment within four weeks of receipt of the notice of amendment. CimeyClust undertakes to inform the Customer of the consequences of a failure to object when notifying the Customer of the change. If the Client objects within this period, CimeyClust is entitled to terminate the Client's right to use the Internet portal, the CimeyClust service and/or the account overview.
XI. Prohibition of abuse
Abusive behavior on the platform of CimeyClust or the servers operated by CimeyClust is prohibited. Abuse is in particular, but not conclusively, if the customer:
does not comply with the registration rules;
opens an account with CimeyClust without authorization;
cheats or attempts to cheat, in particular by using mechanisms, software or other scripts in connection with the use of the Internet portal, which disrupt the functioning of the portal;
intentionally causes a disturbance / malfunction;
manipulates the available server or the programs on the server,
violates other obligations and / or rights of others resulting from legal regulations, the General Terms and Conditions of CimeyClust as well as its general rules of conduct.
XII. other provisions
If any provision of the terms and conditions is or becomes invalid in whole or in part, the validity of the remaining provisions shall not be affected. If a provision is invalid, it shall be replaced by the legally permissible provision.
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and do not participate in such a procedure. CimeyClust draws customers' attention to the fact that the EU Commission has set up an Internet platform for the online settlement of disputes ("ODR platform") between entrepreneurs and consumers in accordance with Directive 2013/11/EU. This internet platform can be accessed at the following link: ec.europa.eu/consumers/odr/.
The contractual language is English.