Jimdo Terms and Conditions of Service
Please note: For users of the Dolphin services, the supplementary Dolphin General Terms of Service apply in addition to these terms, unless otherwise provided in these Terms.
1.1 These general terms and conditions (hereinafter referred to as “terms”) set out the rights and obligations in connection with the use of the services offered by the Provider Jimdo GmbH (hereinafter referred to as “Jimdo” or “provider”) and the Jimdo user in connection with the utilization of the Jimdo services, as well as the further services, applications and functions that are offered by Jimdo, unless explicitly stated otherwise.
1.2 The Jimdo terms and conditions solely apply as the exclusive terms and conditions. Contradictory terms or user terms that deviate from these terms shall not be recognized, unless we have recognized and have exclusively and in textform agreed to the validity of such. These terms shall also apply even where with knowledge of contradictory terms or terms of the Jimdo user that deviate from these terms, we continue to provide our services without reservation, to the user.
2. Contractual Agreement
2.1 A legally binding and enforceable contract shall take effect - unless otherwise agreed - upon successful completion of the registration process. The registration process shall only be successfully completed when Jimdo has informed you of such via email.
2.2 The user has the opportunity to print these terms and conditions (the text of the contract created) at any given time. For this purpose the print function of the respective browser can be used.
2.3 The user does not have a claim to the conclusion of a contract. Jimdo reserves the right to refuse the offer of a user to enter into a contract with them, without giving reasons.
2.4 Jimdo users must be at least 16 years old to register a Jimdo website. Jimdo shall not knowingly collect information of minors or other persons who by law are not permitted to utilise our service and websites. If we become aware that we have collected personal data of minors, we shall delete this immediately; unless we are legally obligated to retain the data.
2.5 If the Jimdo user operates an online store the minimum age is 18 years.
3. Our Services
3.1 Jimdo provides online services which allow Jimdo users to create and manage their own user profile (Jimdo user accounts) for and in order to create, manage and modify their their own JimdoPage(s) (hereinafter referred to as “JimdoPages” or “Jimdo websites” or “Jimdo sites”). The Jimdo services enable the user to modify the design of their Jimdo website(s) as well as to upload and publish their own contents and/or operate an online store.
3.2 Jimdo offers various versions of its service in so called “Packages” or “Plans”. All current specifications for these fee based and gratuitous packages / plans can be found under https://www.jimdo.com/pricing/.
3.3 All services provided by the Service Provider free of charge may be discontinued at any time. In such a case the User will not be entitled to claim the continuation of this type of service.
3.4 In specific service packages, advertising can appear on the published Jimdo website. The Jimdo user shall not be entitled to revise, remove or conceal the placed advertising.
3.5 The website created by the Jimdo user shall be published under a subdomain name that shall either be chosen by the Jimdo user or generated automatically. Users are not permitted to redirect an externally hosted domain to a free of charge JimdoPage or to display the free of charge JimdoPage on an external Website (e.g. integration via frame or iframe).
3.6 In the edit mode of all Jimdo products, Jimdo collects data by means of Google Analytics in order to ensure the quality of Jimdo sites. This collection of data is carried out on all Jimdo Pages. Jimdo uses the data obtained in order to solve problems and to continually improve the ease of operation of our services. Jimdo reserves the right to use other web analysis systems. Of course we shall inform you as regards all such usage in our privacy statement. In selecting and implementing web analysis systems we ensure that careful selection of the respective service provider takes places and that the data protection and privacy requirements for the implementation of such systems are adhered to.
3.7 We shall have the right to employ the services of third parties in accordance with the respective legal provisions applicable to Jimdo for service provision and in accordance with the commissioned data processing contract.
3.8 In order to expand its service package, Jimdo may offer third-party services that can be integrated into the websites of Jimdo users. Type and scope of utilisation shall also be based on the respective general terms and conditions and the privacy statement of the third-party service provider to which we make separate reference. These third-party services shall be utilised at the risk of the user; Jimdo shall not be liable for any damages incurred through using services of third-party providers. Before third-party services are integrated/linked, you should always check the privacy statement and terms and conditions of the relevant third-party service provider, as the integration may allow the third-party provider access to your personal data. For example, personal data that Jimdo transmits to a third-party account or a platform (e.g. a social media account) may in turn be transmitted to specific third parties, including the general public, depending on the data protection regulations of the account or platform.
3.9 Depending on the selected service package, we offer users the integration of the Jimdo web analysis tool, which is based on Google Analytics. As such users obtain access to our web analysis data concerning their respective Jimdo websites.
3.10 Jimdo reserves the right to complement, extend, change, suspend, discontinue or improve the services offered, in particular where such measures will improve the technological standard of the services or are deemed necessary for preventing abuse. Such modifications may lead to changes in the appearance of the Jimdo Pages. Jimdo shall only make such modifications that it deems reasonably acceptable for the Jimdo User or if their implementation is required by law or technological advancement.
3.11 The presentation and design of the administration area (e.g. dashboard or CMS) shall be solely the responsibility of Jimdo. Jimdo shall reserve the right to display product-related advertising and other commercial or sponsored content in the administration area, which Jimdo deems to be valuable or helpful to Jimdo users in creating, designing and maintaining their own Jimdo website.
Jimdo reserves the right to send user surveys to the Jimdo User in the Administration section of the Website and/or via email (based on the user’s consent) in order to learn how satisfied the user is with Jimdo's products. The user will decide individually as to whether he would like to participate in each individual survey and what information they wish to thereby provide to Jimdo (Article 6 (1) (a) of the GDPR).
4. Personal/User Data
4.1 The Jimdo user confirms that all the personal data provided by them is true and complete. Jimdo reserves the right to request appropriate proof of identity on a case by case basis.
4.2 The Jimdo user is obliged to keep their personal “contact” information up to date at all times.
4.3 The Jimdo user is required to maintain strict confidentiality regarding all login data, identification, and passwords in order to prevent third parties from accessing their login data. In the event that the Jimdo user has reason to believe or suspects that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform Jimdo immediately and change their login data.
4.4 Jimdo users shall agree to receive electronic communication from Jimdo for contractual purposes (e.g. invoices, important contractual information or significant technical changes, etc.). It is therefore very important that Jimdo account data (“account”) is kept up-to-date. Jimdo shall accept no liability or responsibility should you fail to receive an email notification because the email address is incorrect/invalid. Jimdo users can revoke their consent to receive this information electronically in the future by contacting Jimdo (firstname.lastname@example.org) at any time. In this case however Jimdo shall reserve the right to close your Jimdo account pursuant to point 14 and/or 3.3 of these terms.
5. General Jimdo user Obligations
5.1 The Jimdo user is responsible for all contents published, made available, provided or stored by them on their Jimdo-Page(s). The provider (Jimdo) is under no obligation to inspect the Jimdo sites of the Jimdo users with regard to violations of law.
5.2 The Jimdo user is responsible for complying with all laws that apply to them and their end-users, within the applicable jurisdiction, as well as the regulations of the Federal Republic of Germany. This also applies explicitly to any additional legal regulations regarding the operation of an online store.
5.3 Insofar as the Jimdo user is legally obligated to fulfill information obligations (“imprint”) on their Jimdo site (regarding their business/service/information offering), they are correspondingly under the obligation to provide that information upon initial publication of the Jimdo site. If the Jimdo user is a company, a natural person must be designated as the contact person for the Jimdo site and corresponding contract. Should this contact person change at any time, Jimdo is to be informed as soon as possible.
5.4 Jimdo regularly performs back ups of the Jimdo servers. Individual Jimdo sites and or the content therein can not be restored from these system backups. The Jimdo user bears the sole responsibility for the saving and securing of their Page/site data ie. page content. Jimdo users should regularly create backups of all their JimdoPages in order to avoid damages due to data loss. This applies in particular to data concerning products and customers. Further info can be found in this helpful support article: https://help.jimdo.com/hc/de/articles/115005512086/
5.5 The Jimdo Shop solution does not satisfy the basic principles of the proper keeping and storage of financial books, recordings and documents in electronic form as well as data access (GOBD). Jimdo does not provide invoices, receipts or any other documents that are relevant for taxation or accounting purposes to the Shop owner/user. The Jimdo user is solelys shall be responsible for data retention in accordance with statutory requirements, particularly those of commercial and tax law.
5.6 The Jimdo Shop solutions do not meet all the requirements for the online sale of the following items:
- Films or computer games that are restricted for children and minors in accordance with e.g. § 14 JuSchG (Jugendschutzgesetz law for the protection of the children and the youth)
- Alcoholic beverages, tobacco products and other nicotine-containing products
- Products containing cannabidiol (CBD)
- Other youth-endangering content, which is represented for example in the German Law for the protection of the children and the youth (JuSchG).
If the user offers goods or services that fall under the aforementioned legislation or similar legislation in another jurisdiction it is recommended to contact an accredited specialist lawyer or expert. The sale of such products or services through the Jimdo Website is not recommended by Jimdo, nor is it supported by Jimdo and any such use by the user occurs at their own risk.
5.7 The Jimdo user is only permitted to use the curated selection of contents of the designs (templates) provided by or via Jimdo exclusively for their Jimdo presence. A publication of this content on or via any other medium e.g. print media or any other internet platform is not permitted.
6. Prohibited Acts
6.1 The Jimdo user is prohibited from undertaking any acts on the Jimdo platform or their own Jimdo site (e.g. submit, transmit or display any user content) that violate the law, and/or the rights of third parties or that violate the basic principles regarding the protection of minors. The publication, spreading, offering and the advertisement or advertising of the following content in particular is expressly prohibited:
- content that is pornographic, obscene or immoral in nature;
- content that is in violation of relevant legislation regarding the protection of minors, that violate data protection regulations and that otherwise violate the law and/or content/services/products that are fraudulent in nature;
- content that glorifies or trivialises war, terror and other acts of violence against people or animals;
- content based on based on sex, race, colour, ethnic group or social origin, language, religion or belief, political or any other opinion, birth, disability, age or sexual orientation, nationality etc. that may insult or slander other users or third parties based on;
- Content and/or communications that are deemed to promote and/or support racism, radicalism, fascism, fanaticism, hate, physical and psychological violence or illegal activity (whether explicit or implicit) or that otherwise breach the standards of common decency;
- content directed at insulting and/or slandering and/or defaming(defamation) other participants/persons or third parties;
- content, services and or products that are legally protected or encumbered with the rights of third parties (copyright/trademark protection), without being demonstrably entitled to do so.
This obligation also applies to any links (Hyperlinks) included on the Jimdo website by the Jimdo user, pertaining to such content as described above, included on external platforms or services.
6.2 Furthermore, independent of any possible legal ramifications, the following activities as concerns the setting of the Jimdo user’s own content (e.g. via the setting of links), are also prohibited:
- the distribution and/or otherwise transmission or execution of viruses, trojans and other damaging data;
- the sending of junk, spam or scam mails as well as “chainmail”;
- Utilisation of a Jimdo website for spam purposes and creation of free Jimdo websites for link-building and/or SEO spam;
- the harassment of others e.g. via multiple instances of contact via a Jimdo site without or in contravention to the reaction of the recipient,as well as the promotion or encouragement of such harassment;
- the requesting of passwords or other personal data via your Jimdo site for commercial or illegal purposes (phishing);
- the making available, publication, offering and/or the advertisement of bonus systems, Paid4Mail-Services, PopUp-Services, Snowball systems, pyramid schemes or other similarly functioning schemes as well as engaging in unethical marketing or advertising;
- the offering of games of chance such as public sports betting, general betting and lotteries etc. without permission from the relevant authority;
- the procurement or indirect procurement of loans and private loans in a commercial manner without demonstrable permission from a relevant authority.
6.3 Furthermore, every action that could influence the normal functioning of the Jimdo platform is prohibited.
6.4 In the event of claims (e.g. secondary liability, third party liability etc.) due to illegal content which the User has placed on a Jimdo site, the User agrees to indemnify Jimdo and hold Jimdo harmless from any claim or demand (including and not limited to cease and desist orders with contractual fines, revocations, damages, rectifications etc.). In such a case the user is also under the obligation to assist Jimdo in every manner in responding to and in the defense of such claims.
6.5 The sending of emails to various recipients (newsletter, promotional emails) via the Jimdo mail system is prohibited. By the term “various” we refer to the explanation established by our email provider Backspace based on the CAN_SPAM Act: the sending of an email to more than 200 persons. The email systems we use react automatically to the sending of this type of email and block access to the relevant email account and the email administration of the Jimdo website. In the event of repeated violations, we shall reserve the right to permanently block email access.
7. Domain (Name) Registration, Domain Name Cancellation, and Change of Provider
7.1 Some of the fee-based service packages (hereinafter referred to as "fee-based Packages" or "Premium Packages") include the provision of one or more domain names. As regards the acquisition and maintenance of domains, Jimdo serves only as an agent between the Jimdo user and the organization responsible for domain name allocation (registrar) concerned. Top-level domains (e.g. .COM, .US) are predominantly managed by a large number of different organizations, mostly at the national level. Each of these organizations has its own terms and conditions pertaining to the registration and management of domain names. The registration terms and conditions of the relevant domain registrar will therefore apply complementarily to these terms and conditions; e.g. in the case of DE domain names the registration terms and conditions of the DENIC e.G. (Registered Cooperative) shall apply. Accordingly the applicable registrar's terms and conditions thus form part of this contract. On request the Service Provider will send a copy of such terms and conditions to the Jimdo user. Alternatively they may be accessed online from the respective allocating organization.
7.2 The Jimdo user is in particular responsible for providing correct and complete data regarding the domain name holder (registrant) and the administrative contact (admin-C) when registering the domain name. The technical contact in all cases will be Jimdo GmbH. Irrespective of the relevant registration terms and conditions, such data must include the name of the domain name holder, and physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address and telephone number. If this information changes, the Jimdo user must immediately inform Jimdo of this change via the online (in the admin/menu) Domain Change Ownership form.
7.3 Upon formation of the contract, Jimdo will make the option available to register the desired domain name with the responsible registrar. Jimdo may defer activation of a domain name until payment of the agreed fees for the registration services has been received. Jimdo has no influence on the allocation of the domain name by the relevant organization. Therefore Jimdo assumes no responsibility or liability that the requested domain names shall be allocated to the Jimdo user and/or that allocated domain names are free of third-party rights nor does jimdo guarantee their continued existence. Any information provided by Jimdo regarding the availability of a domain name is based on the data provided by third parties and only refers to the information available at the time that information is requested. The domain shall only be deemed as being allocated to the Jimdo user upon successful registration of the domain by the user and its subsequent entry into the database of the registrar.
7.4 Before applying for a domain name, the Jimdo user will check that the domain name does not violate the rights of any third party or contravene existing legislation.
7.5 A free change of the requested domain name after registration with the relevant registrar is excluded. Independent thereof a further domain (for which a charge is incurred) can be registered and connected to the site. Should a domain name that has been applied for already have been allocated during the time required for forwarding the domain name request to the registrar, then the Jimdo user shall be entitled to choose a different, available domain name. Where individual domains are cancelled by the user or are cancelled as a result of binding decisions resulting from domain name disputes, the Jimdo user shall not be entitled to a free of charge, substitute domain name.
7.6 Subject to these terms and conditions and those of the relevant registrar, the Jimdo user may transfer all domain names registered through Jimdo to another provider, provided that the new provider offers the corresponding top-level domain name (e.g. .COM, .DE) and supports the change given the required circumstances and technical requirements. If the user is a consumer then the transfer is only possible outside of the legal revocation period for such “distance sales contracts”. The fee-based package e.g. JimdoPro- / JimdoBusiness- contract with Jimdo will remain unaffected by a change in provider. In order to end this contractual relationship with Jimdo a specific cancellation is required. All such declarations, in particular domain cancellation, domain deletion and change of provider must be submitted in text form or insofar as it is technically possible in the jimdo user’s administration area (menu), the declaration can be executed electronically. If Jimdo is unable to grant the provider change (domain transfer) on time due to tardiness in the initiation of the change of provider by the new provider or the Jimdo user, or where the necessary requirements in order to grant the change are not fulfilled, then Jimdo i.e. the provider for the domain is expressly entitled to have the cancelled domain deleted to the cancellation date at the corresponding registrar ( “CLOSE”).
7.7 The Jimdo user is obligated to notify the Service Provider (Jimdo) immediately should he lose the rights to a domain name registered to him.
7.8 In the event of third parties credibly asserting rights to a domain name, Jimdo reserves the right to block the corresponding domain name until the dispute/issue has been resolved. In the event of such a domain name blocking, the Jimdo user is still obligated to perform their side of the associated contract (i.e. to render payment). The Jimdo user shall agree to all measures that have to be taken by jimdo in order to comply with court rulings and decisions. The Jimdo user shall indemnify Jimdo from any third party claims, all resulting costs and negative consequences.
8. Blocking Access to your Account
8.1 Jimdo reserves the right to block access to our services either temporarily or permanently if there are concrete indications that the Jimdo user has violated or shall violate these terms and conditions and/or the law, or if Jimdo has a legitimate interest in blocking access.
8.2 Furthermore a blocking of the Jimdo access can occur if the user is more than 30 days in default on their payment. In that case Jimdo is also entitled to apply for the deletion of the user's’ domain name(s) at the respective registrar.
8.3 In deciding as to whether access shall be blocked, the legitimate interests of all parties shall be considered as appropriate.
8.4 In the event that the Jimdo user fails to log into their free of charge JimdoPage within 180 days, the Service Provider may delete the JimdoPage and its contents permanently and suspend all access to the Jimdo account by the User.
9. Service Disruption
9.1 Jimdo endeavors to ensure the best possible availability of the Jimdo services. The Jimdo user acknowledges however, that for technical reasons as well as due to the Service Provider's dependence on external factors, (e.g. unavailability of telecommunications networks, electricity outages, hardware and/or software failure etc), the uninterrupted availability of individual Jimdo sites cannot be guaranteed.The Jimdo user can therefore not assert a claim for continual access to the Jimdo sites. Access restrictions of a temporary nature shall not constitute grounds for warranty claims nor a right to extraordinary termination. The current status of our systems can be be viewed under the following link: https://www.jimdo-status.com/
9.2 In as far as the Jimdo services are provided free of charge, the user only has a claim to the use of the services within the framework of the actual availability provided.
9.3 As regards the fee based services provided by Jimdo, Jimdo guarantees within the sphere of our responsibility an availability of 98% throughout the year. Regular maintenance, which can amount to up to 4 hours per week is not included in the aforementioned, calculated availability. We aim to keep the maintenance times as short as possible.
9.4 In order to ensure the proper operability of the Jimdo sites, a number of system requirements must be fulfilled. A list of these current requirements is available here. The Service Provider is not liable for disruptions caused by the use of system configurations that vary from the list provided.
10. Terms of Payment
10.1 For the use of the fee-based Packages as well as optional extra services/ services from third party providers charges shall apply that shall be due in advance for a complete contractual period.
10.2 All payment methods possible shall be displayed to the user in the product information and/or during the checkout and ordering process.
10.3 Invoices for users of the Jimdo fee-based packages and services shall be provided to the user electronically, in pdf form.
10.4 The respective invoiced amount is due in full to Jimdo 14 days after the invoice has been deemed to have been received, unless otherwise agreed in text form.
10.5 The relevant day to determine the timeliness of payment is the day at which the amount is received by, or credited and completely available to Jimdo.
10.6 Jimdo processes all payments via external payment processors, including (but not limited to) Ingenico (Globalcollect), Paypal and Stripe. The Jimdo user agrees that Jimdo payments shall only be accepted via these payment processors and that they correspondingly permit the processor concerned to charge the amount concerned. Where bank transfers are concerned, this payment must be directed to the stated payment processor.
10.7 If the Jimdo contract includes a payment method for the automatic deduction of contract extension costs, Jimdo shall automatically deduct the invoice sum due on the day of contract extension subject to the corresponding consent of the Jimdo user. If automatic deduction is not possible, the Jimdo user shall receive a payment link from us on the day of the contract extension. The payment for the new contract extension must be transacted via this link within 14 days. By selecting the payment method the Jimdo user consents to automatic deduction.
10.8 Where payment is made via bank transfer the specific purpose “reason for payment” supplied by Jimdo must be entered on the bank transfer. If the Jimdo user sends a bank transfer with another purpose or the wrong purpose then they are obligated to inform Jimdo immediately and send Jimdo evidence of proof of payment. This proof of payment must include the following details: The bank number concerned (IBAN of the sender), the name of the account holder, the payment date (Timezone), the amount, the purpose/reason for payment as entered on transfer form) as well as the bank number (recipient’s IBAN). The burden of proof as concerns payment lies solely with the Jimdo user.
10.9 Jimdo, the provider is also entitled to deactivate/block the user’s website(s) and prevent their access where the charges due are not paid. In this case Jimdo is also entitled to delete the corresponding domain names of the Jimdo user at the relevant registrar (“CLOSE”). In accepting these terms of service, the Jimdo user grants Jimdo the explicit right to this type of termination.
10.10 Jimdo does not accept any liability for losses, damages or loss of revenue that may be caused by the blocking of a Jimdo Site due to incomplete or delayed payment, as long as the failure or delay can be attributed to the Jimdo user.
10.11 Payments are due in the respective national currency i.e. EURO or USD.
10.12 Discounts and other actions can only be applied to the first term of a contract, unless otherwise stipulated. The current, applicable price shall apply to all contract renewals. We may change our offer and prices from time to time. In the event of such a change all existing, fee based contract holders shall be provided with a 6 week notice period and the changes shall take effect from the beginning of the next contractual period. If the Jimdo user does not object to these changes within 6 weeks of the receipt of this change-notification and continues to use the Jimdo services subsequent to the expiration of the deadline, the changes announced in the notification shall be deemed to be effectively agreed to. In the notification message we shall inform the user as to their right of objection, as well as the consequences of such an objection.
10.13 All prices include VAT. The applicable VAT rate shall be shown on the invoice. If the Jimdo user i.e. the corresponding company is not based in Germany, but rather in the EU, the Jimdo user shall receive an invoice in which the VAT is not shown. In that case the Jimdo user shall enter a (valid) VAT identification number with their Jimdo fee-based package order. In that case the jimdo user is responsible for the taxation (reverse charge procedure). Jimdo user outside of Europe as well as in Switzerland receive a net amount invoice.
11.1 Should a payment be back-posted by the Jimdo user, we shall reserve the right to block the corresponding Jimdo page(s) and/or the relevant Jimdo account and to terminate the associated contract(s).
11.2 Resumed use of the Jimdo website and/or the Jimdo account shall only be possible once all outstanding sums have been settled.
11.3 Charges that Jimdo incurs via a chargeback from a Jimdo user, denial of payment or via the opening of a dispute claim, may be invoiced to the user. Should the Jimdo user have questions regarding a payment they may contact the customer support teams in advance.
11.4 Should problems occur that prevent the collection/charging of the invoiced amount, Jimdo reserves the right to only offer certain payment methods for the payment of the invoice.
12. Right of Revocation
12.1 Consumers are generally entitled to a right of revocation. Further information can be found in our Cancellation Policy.
12.2 In the event of a revocation of the contract by the Jimdo user, payments received from the user shall be returned without delay and at the latest within 14 days from the receipt of the revocation. We will return your payment using the same payment method that you originally used to pay for your Jimdo package.
12.3 Once the cancellation is completed, Jimdo will delete all domains associated with the contract (unless they have already been moved to another provider) as well as any email account(s) associated with those domains (including the emails located in those email accounts). In the course of the revocation/cancellation the Jimdo user has the option to deactivate the site or to continue to use it within the framework of another Jimdo service.
12.4 If at the time of revocation the domain attached to the Jimdo site has already been registered or if the registration has already been submitted prior to submission of the revocation, Jimdo reserves the right to invoice the user for the cost of the domain registration or alternatively to reduce the refunded amount in accordance with the domain registration fee.
13. Responsibility for Content
13.1 We offer the Jimdo user the possibility to post content on their Jimdo site and to make said content available to others via the Jimdo site. In order for Jimdo to perform it’s service and allow for the creation of a website with text, pictures and videos, it is necessary that the Jimdo user grants usage rights to Jimdo for the publication, editing and public broadcasting of this content. This does not entitle Jimdo to sell the user content to a third party. The copyright of the author shall remain unaffected.
13.2 With the posting of content the Jimdo user grants Jimdo gratuitous usage rights to the various content, including:
- to store the content on the Jimdo servers as well as to publish and make such content publicly available (e.g. via displaying said content on the Jimdo webpages)
- to edit and reproduce that data to the extent necessary for delivery and publication of the content
13.3 The Jimdo user is completely responsible for all content they post. Jimdo is not obliged to inspect the content prior to publication as regards completeness, validity, legality, currentness, quality and suitability for particular purposes.
13.4 The Jimdo user declares and guarantees Jimdo that they are the sole owner of all rights to the content posted by them on their Jimdo website, or that they are otherwise legitimately authorised to do so (e.g. via written consent from the copyright holder).
13.5 Jimdo reserves the right to refuse, block or remove the posting of content and/or content that has already been posted (including private messages) without prior notice, should the posting of the content or the posted content itself constitute or lead to a violation of these terms and conditions, or where there is clear evidence that a serious violation of these terms shall result. The legitimate interests of the Jimdo user shall be taken into account and proportional measures to prevent and/or remove the violation shall be taken.
13.6 The Jimdo user shall upon first request indemnify Jimdo and hold Jimdo harmless against all claims from third parties, against Jimdo as a result of a violation committed by the Jimdo user against legal regulations, third party rights (in particular personal rights, copyright and/or trademark rights), or as regards contractual duties, representations or guarantees (warranties), including the costs of a legal defense (lawyer’s fees and court costs at the applicable statutory rate). In the event of claims arising from any such behavior, the Jimdo user is obligated to immediately and completely cooperate and clarify the situation, as well as to make all required entries accessible to Jimdo in a suitable manner.
14. Contracts and Cancellations
14.1 A free Jimdo website can be deleted by the user at any time using the settings and/or the menu on the respective Jimdo website. A Jimdo account can be deleted by the Jimdo user via the dashboard settings. To ensure that a Jimdo account can be deleted by the Jimdo user, only free pages may be linked. Where the Jimdo user has linked chargeable Jimdo pages with the Jimdo account, the contract must first be terminated in accordance with points 14.32, 14.2 and 14.4 of these terms and conditions.
14.2 Unless stipulated otherwise in the respective service description, the contract for the fee based packages shall be extended by the same originally agreed period if the contract is not terminated one month prior to the end of the respective term. The user shall be notified via a notification email as to the extension of the contract at least six weeks prior to the contract renewal date. The renewal of the contract shall be deemed to have been agreed to, if the user does not object to the renewal via cancelling their contract within the cancellation period. In the notification email Jimdo shall also inform the User of their right to object/ right to cancel their contract, the time limit for such a cancellation and the result of the User's failure to cancel their contract.
14.3 Cancellations can be directly submitted by the Jimdo user via the site they wish to cancel or in text form (e.g. Email, fax, letter). For cancellations that are submitted via email, this email must be sent from the email address that is registered to the Jimdo site concerned. Notice of Cancellation can be declared to the next working day or to the end of the current contractual period. The conditions listed under point 14.4 below, are of particular importance for cancellations that are declared to the next working day. Fees paid in advance shall not be refunded upon termination of the contract or deletion of the site prior to the end of the contract period.
14.4 Fees paid in advance shall not be refunded upon termination of the contract or deletion of the site prior to the end of the contract period.
14.5 The Jimdo user has the possibility to purchase additional fee-based “add-ons” i.e. services, complimentary to their fee-based packages. If the Jimdo user cancels one or more of these fee based additional services, the validity of the remaining provisions of this contractual relationship shall in no way be affected.
14.6 The Jimdo user has the possibility to change their current package. An upgrade to another package is possible at any time. Where the jimdo user wishes to downgrade, they must inform Jimdo of this wish at the latest 4 weeks prior to the end of the current contract period. In the case of a downgrade the change shall take effect upon contract renewal.
14.7 Jimdo may terminate the contracts with the Jimdo user unilaterally and without stating reasons by giving at least three month’s notice. In such a case Jimdo will refund any fees paid by the User in advance on a pro rata basis.
14.8 Either party's mutual right to extraordinary termination for serious reasons remains unaffected.
14.9 In particular we shall have the right to terminate the contractual relationship with no notice period if circumstances allow the assumption that the Jimdo user has intentionally or negligently committed “illicit activities” pursuant to point 6 and 13 of these terms or has breached other obligations of these terms. Such a breach and/or non-compliance can also result in further civil and criminal consequences for the Jimdo user. Instalments paid in advance shall not be reimbursed in this case. The Jimdo user shall be entitled to demonstrate that non-reimbursement is “unreasonable” in its case.
14.10 After termination of the contraction relationship we are no longer obligated to provide the contracted services. We can delete all data of the Jimdo user that are located on our services, including all emails located in the relevant mailboxes. Transferring the user’s complete Jimdo, internet presence to the servicer of a third party is not possible. It is therefore the responsibility of the Jimdo user to store and backup the data in a timely fashion. Furthermore, Jimdo i.e. the Service Provider may, upon termination of the contract, have any of the Jimdo users domains which have not been transferred to a new provider deleted by the relevant registrar (“CLOSE”).
14.11 In addition to the rights granted by Jimdo pursuant to these general terms and conditions, Jimdo can take further action if Jimdo ascertains that a security breach on the website of a Jimdo user could lead to unauthorised disclosure of customer information, or can request that the Jimdo user provides Jimdo with information concerning such a breach.
15.1 We shall ensure that personal data of Jimdo users is only collected, stored and processed to the extent required to render our services and to the extent permitted by legal provisions or instructed by legislators. Further information on data processing and data protection is provided in the Jimdo data protection declaration. This is available here.
15.2 Where the data protection and privacy permission declaration of the user is collected within the framework of our services, said user shall be informed that they can revoke this declaration with effect for the future, at any time.
15.3 Within the context of the respective data protection laws, the Jimdo user is the Client and/or the controller pursuant to Art. 4 No. 7 DGPR as regards all personal data processed by Jimdo as processor through the services rendered by Jimdo. The Jimdo user shall satisfy the requirements of the data protection legislation applicable to data controllers as regards the use of Jimdo services and in connection with these general business terms, as well as in connection with the contract provided by Jimdo concerning commissioned data processing. The corresponding Jimdo contract concerning commissioned data processing can be downloaded here and concluded with Jimdo electronically. The Client and/or the Jimdo user shall be solely responsible for protecting the rights of the data subject.
15.4 A service such as Jimdo is subject to continuous change as regards the processing of data, the engagement of third-party providers or services. Jimdo is constantly looking for ways to improve its services for Jimdo users. In this context we may also change details of data processing through our websites. Jimdo shall inform the Client and/or the Jimdo user in good time in the event of a scheduled change of a relevant subcontractor or in the event of a scheduled commissioning of a new subcontractor, as described in the commissioned data processing contract (“information”). Should the Client object to this change, the Contractor can terminate the contractual relationship with the Client with a notice period of at least 14 days to the end of a calendar month. With such notice period the Contractor shall give appropriate consideration to the interests of the Client. If no objection of the Client is received within three weeks of receiving the “information”, the change and/or new engagement of the relevant subcontractor shall be deemed approved by the Client.
15.5 Respective current information on the purpose, type and scope of the collection, processing and use of personal data is available in the data protection notice, which can be retrieved at any time via the “Data Protection“ link, as well as in the commissioned data processing contract.
15.6 As part of its services Jimdo can provide general data protection, cookie, imprint, business information and other relevant information, text templates or text generators from third parties on the respective page of the Jimdo user or in their website administration area. This general information and/or the technical possibility to create these texts does not constitute and is not to be understood as legal advice pursuant to the German Legal Services Act (Rechtsdienstleistungsgesetz RDG) and Jimdo shall assume no responsibility for the accuracy, completeness and/or legality of its content or its suitability for the respective Jimdo website/for the respective business offering. Jimdo advises all users to consult a qualified lawyer or data protection experts in order to ensure that the legal texts of their respective Jimdo website meets all legal requirements.
16. Limitations of Liability
16.1 In cases of gross negligence or premeditation we, Jimdo shall be liable for all damages caused by us.
16.2 In cases of minor negligence we are only liable for damage resulting from death, physical injury or harm to human health.
16.3 Incidentally we are only liable insofar as we have violated an essential contractual obligation. Essential contractual obligations refers abstractly to such obligations, whose fulfillment enables the proper performance of the contract and the fulfillment of such is regularly relied upon by the user. In such cases liability is limited to the replacement of foreseeable, typically occurring damage and at a maximum is restricted to the to the equivalent amount of a yearly user fee for the jimdo site affected.
16.4 Insofar as our liability under the foregoing provisions is excluded or limited, this shall also apply to our agents.
16.5 Liability under the Product Liability Act remains unaffected.
17. Concluding Provisions
17.1 The laws of the Federal Republic of Germany( with the exclusion of UN international trade law) apply - as far as is legally permissible- to the legal relationship between Jimdo and the Jimdo user.
17.2 If the user is a merchant, legal body of the public law, or special property under public law, the jurisdiction for all conflicts deriving from this contract is the court of jurisdiction for the business location of Jimdo.
17.3 If individual regulations of these terms and conditions of use should be ineffective or become ineffective, that does not affect the legal enforcement of the remaining regulations.
17.4 In the event of any deviations resulting from the translation, the formulation of these terms of service set forth in the German version shall prevail.
17.5 Jimdo retains the right to effectively change these terms and conditions at any time, also within the current contractual relationships. The user shall be informed as to such changes at least 6 weeks before the planned date of the entry into force of such changes. If the Jimdo user does not object to these changes within 6 weeks of the receipt of this notification and continues to use the Jimdo services subsequent to the expiration of the deadline, the changes announced in the notification shall be deemed to be effectively agreed to. In the notification message we shall inform the user as to their right of objection, as well as the consequences of such an objection. In cases of objection to these changes Jimdo retains the right to terminate the contractual relationship with the user to the date of entry into force of the announced changes.
17.6 For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at https://ec.europa.eu/consumers/odr/. Please be aware that Jimdo is not obligated and currently not willing to participate in this alternative, online dispute resolution platform.