Web host and their customers can connect through numerous types of contracts. Very few know what a web hosting, web design or ASP contract is all about. We enlighten you and give you an overview of the different types of contracts!
Internet contracts: What are the differences?
Internet contracts can be designed in many ways. The legal nature of web design, ASP and web hosting contracts differs greatly. We will inform you about the different contracts and their contents!
The Access Provider Contract
In an "access provider contract", a provider undertakes to offer his customer access to the Internet. The provider only has to provide the connection and make an effort to connect to the Internet. The access provider contract is a service contract in the sense of § 611 BGB.
The Application Service Providing Agreement
In an application service providing (ASP) contract, software applications are made available to the customer. The software can be used over the Internet or offline via other networks. ASP contracts are aimed at the use of third-party software - experience shows that this is made available to a large number of customers. An ASP contract is classified by case law as a rental contract in the sense of § 535 BGB.
The web hosting contract
In the case of a web hosting contract, storage space is made available to the customer. This can be accessed via Internet access. The customer uses and manages the storage space. Web hosting contracts include various services, which is why elements from the service, rental and work contract are included. Most web hosting contracts are classified as contracts for work and services within the meaning of § 631 BGB. This applies in particular if the focus of the contract is on the retrieval of website is lying.
The webdesign contract
With a web design contract, the provider is obliged to create an individual website according to the customer's wishes. Since this is a tailor-made implementation of individual wishes and the creation of a coordinated software, it is a contract for work in the sense of § 631 BGB. Under certain circumstances, a contract for work and services within the meaning of § 651 BGB can also be accepted.
Current contracts and associated obligations
Many web hosts allow their customers to book an Internet domain. The web host procures and registers the Domainwhich actually constitutes a contract for work and services under § 631 BGB. However, the customer concludes the contract directly with the domain registrar, which is why the web host's activity constitutes an agency pursuant to § 675 BGB. Contracts for work and services can be assumed if the web host takes over the "care" or "maintenance" of software, websites and EDP programs. The "Internet system contract" includes various services that are listed in the respective service description. In most cases, the provider must maintain a server for its customers, set up a website under the desired domain, make it accessible to third parties via the Internet, and operate it for the agreed period. The "Internet system contract" is a contract for work and services pursuant to Section 631 of the German Civil Code (BGB). In the case of "Internet system contracts", it is quite reasonable and customary for the customer to pay approximately one third of the remuneration to be paid in advance. The provider has to make considerable financial and time investments, which are quasi appreciated by "down payments". The customer retains two thirds of the total remuneration until the end of the month in order to use this as leverage. This puts the provider on notice to properly fulfill its contractual obligations.
