General Terms and Conditions
1. Scope of Application
(1) The present General Terms and Conditions shall apply to the rendering of services (including without limitation in connection with the safeguarding and control of emails transmitted via the customer's domain) by SPF Guru GmbH, Winterhuder Weg 29, 22085 Hamburg (hereinafter referred to as „we“ or „us“) to the customer (hereinafter referred to as „Customer“ or „You“).
(2) Contradicting or additional terms and conditions of the Customer shall not become part of the contract.
2. Distinction between Entrepreneurs and Consumers
(1) Some of the provisions of the present T&C do not apply in relation to any and all customers but only in relation to consumers or only in relation to entrepreneurs. Where the scope of application of the present T&C is limited in such aforesaid manner it will be specially indicated hereinafter.
(2) „Consumer“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 13 of the German Civil Code ("Bürgerliches Gesetzbuch", abbr. ‘BGB’), be each natural person who enters into the legal transaction for a purpose which is, predominantly, outside its trade, business or profession.
(3) „Entrepreneur“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 14 of the German Civil Code (‘Bürgerliches Gesetzbuch’, abbr. "BGB"), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
3. Subject Matter of the Contract and Procedure
(1) Our service enables domain owners to improve the protection of their domain names in the Internet against misuse, e.g. by way of phishing, SPAM or other email fraud activities. For such purposes the open internet protocol 'Sender Policy Framework (SPF)' will be used.
(2) In order to use the service the Customer registers domains in its possession (e.g. example.com) in the service's web application as such is provided for the administration of the service. Thereafter the Customer needs to redirect the so called SPF entry in the DNS zone of its domain to our server. If, thereupon, an email will be sent off in the name of the Customer's domain (e.g. firstname.lastname@example.org), the receiving mail server will be able to investigate automatically via the Sender Policy Framework whether the IP address of the sender was entitled to send emails in the name of the domain (e.g. example.com). Where this is not the case, the recipient could e.g. reject acceptance of the email. The respective reaction depends on the directive established by the Customer for the respective domain in our service. At the same time our service records who (IP-address of the sender) sent a message in whose name (full email address or only domain of the sender), and whether this was legitimate, i.e. whether the dispatching mail server is registered in the SPF entry of the Customer. This may help the Customer to investigate whether emails are transmitted under its domain name without justification, or whether it has failed to declare, in its SPF entry, further senders as legitimate (e.g. a newsletter service).
(3) It is highlighted that services based on the Sender Policy Framework can only have effect where the receiving email server also makes an SPF check. While such an SPF check is meanwhile common practice, there are exceptions and it is not established with each and every single recipient. If and to the extent that such aforesaid recipients receive emails, our service can, accordingly, not unfold any protective effect.
4. Customer Account
(1) Registrants shall enter complete and correct information. No information concerning third persons may be used without such persons’ consent.
(2) You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
5. Conclusion of Contract, Contract Languages
(1) Only if and once you order services on our website, such purchase order of yours shall constitute a binding offer to conclude the respective contract. You can submit a purchase order in that you put one or more services into the shopping basket, run through the remaining order process on the website and enter the data as requested in such context. Prior to sending off your purchase order, you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.
(2) We may accept your offer within five days by
submission of a confirmation of order by post, fax or email, or
request to make payment.
Customer's receipt of our confirmation of order or request of payment shall be the relevant point of time for our compliance with the aforesaid time period.
(3) Languages made available for conclusion of the contract are English and German.
6. Storage of the Provisions of the Contract
We will store the provisions of the contract, including the order information and the present T&C. You can print out the provisions of the contract by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The order information is contained in the order overview presented within the last step of the order process. The provisions of the contract including the present Terms and Conditions are also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
7. Duties of Cooperation and other Obligations of the Client
(1) The Customer shall enter its domain name on our website and redirect on all DNS servers of its domain the so-called SPF entry to our servers. The respective procedure is explained in our service's web application for the administration of the service.
(2) The Customer shall keep the SPF entries in the service's web application up-to-date for all domains used under the service, such as it is generally required (regardless of our service) for entries on any DNS server. Incomplete or outdated entries may result in failure of delivery of emails or failure of protection against fake emails.
(3) The Customer shall remove, promptly after the termination of the contract with the operator of its DNS server, the redirection of the SPF entries to such aforesaid server. In case of failure to do so, and if the operator removes the Customer's account after the respective termination, resulting consequences may be failure of delivery of emails and/or failure of protection against fake emails.
(1) We shall be entitled to submit invoices via email.
(2) Where advance payment is agreed, payment is due to be made upon conclusion of the contract without undue delay.
(1) The contract concluded between the Customer and ourselves shall be automatically prolonged by a period of the same length as the respective applicable initial contract period (but by no more than maximum one year in each applicable instance) unless it is terminated with 2 months' notice prior to the expiration of the initial contract period or the respective prolongation period.
(2) Should a customer right of termination under section 649 of the German Civil Code (Bürgerliches Gesetzbuch, abbr. 'BGB') apply, then such right shall only apply in case of the existence of an important reason.
(3) Our service is based on the open internet standard 'Sender Policy Framework' set forth in RFC 4408 (see https://www.ietf.org/rfc/rfc4408.txt) and RFC 7208 (see https://tools.ietf.org/html/rfc7208) of the Internet Engineering Task Force (IETF). Should the IETF extend or modify the specification such that the service can not be rendered any more, then we shall have, in addition to any other rights which we may have under the applicable laws, a special right of termination.
10. Claims arising from Defects / Warranty
If and to the extent that services to be rendered by us under the provisions applicable to contracts to produce a work ('Werkvertrag') under the German Civil Code (‘Bürgerliches Gesetzbuch’, abbr. 'BGB'), then we shall be liable for potential defects as follows:
(1) The warranty period for Customer's claims regarding defects shall be one year from acceptance of same by the Customer. This shall not apply to customer's claims (i) for damages directed at a compensation for a bodily injury or for an injury to health, and where such claims are based on a defect for which we are responsible, or (ii) based on gross negligence of us or of a person assisting us in the performance of our obligations; the aforesaid claims defined under the aforesaid subsections (i) and (ii) of this sentence shall be subject to the applicable limitation period provided for under the applicable laws.
(2) Otherwise, our warranty obligations shall be such as provided for under the applicable laws.
11. Exclusions and Limitations of Liability
Our liability for damages shall be subject to the following:
(1) In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
(2) In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations the fulfillment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
(3) Otherwise our liability, regardless of its legal grounds, shall be excluded.
(4) The exclusions and limitations of liability under the above paragraphs (1) to (3) shall apply correspondingly in favor of the persons assisting us in the fulfilment of our obligations.
(5) Any liability based on the assumption of a guarantee or under the German Product Liability Act (‘Produkthaftungsgesetz’) shall not be affected by the exclusions and limitations of liability under the preceding paragraphs (1) through (4).
12. Choice of Law, Jurisdiction
(1) Applicable Laws
The laws of Germany shall apply. The Convention on the International Sale of Goods shall not apply.
Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
(2) Court of Jurisdiction
For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising here-under. However, we shall remain entitled, at our choice, to file a lawsuit at Producer's location instead.