Financial bottlenecks are not uncommon - not even among customers of web hosters. Some web hosters try to deal with the lack of payment morale of their customers by blocking the relevant website. However, for a legally effective termination of a web hosting contract or the blocking of an internet page, various conditions must be fulfilled. The customers must have been reminded at least once in order to be put in default. Blocking of Internet pages is only permitted if the payment arrears have reached a certain level. If one of the contracting parties violates its obligations, webhosts and customers may be subject to mutual claims for damages.
Default of payment for web hosting contracts
There are several web hosters that entice with attractive offers. The extensive services are used by hundreds of thousands of customers. It is extremely annoying for web hosts when individual customers default on payments. Some web hosts would like to counter the payment morale of their customers by blocking the website in question. Such a procedure is absolutely not legally permissible. Many webhosts have included general terms and conditions (GENERAL TERMS AND CONDITIONS). These threaten that the Internet presence will be blocked if the customer defaults on payment. Many providers reserve the right to terminate the web hosting contract without notice. Such clauses are inadmissible according to § 307 II No.1 BGB, since they represent an inappropriate disadvantage of the customer. The case law ties in with various rulings: The Koblenz Higher Regional Court, for example, ruled that blocking the SIM card because of an only insignificant delay in payment of 75 euros is inadmissible.
Implications for practice
Web hosts should check their general terms and conditions for invalid clauses. Invalid clauses can lead to a warning letter from competitors, which can be associated with considerable costs. Web hosts who block a customer's Internet presence in the event of late payment may be exposed to claims for damages. Customers who have been informed about their website earn money full-time, can be exposed to considerable loss of profits if they are blocked. Web hosters should only seriously consider blocking if it is legally permissible. Web hosters who issue an extraordinary termination notice must be aware that under certain circumstances this may be invalid.
Correct behaviour of webhosts and customers
When rewriting the GTCs, webhosters should include a clause allowing extraordinary termination if the delay in payment is "sufficiently high". Whether the delay in payment is "sufficiently high" depends on the individual case. In order to be able to legally block an Internet page, the customer must be informed of the imminent blockage by means of a reminder. The web host is not indemnified by such a procedure. He can claim damages and charge interest during the period of delay. Customers can defend themselves against a blocking of their website if their payment arrears are only minor. If the payment arrears are not high enough, a corresponding termination would be ineffective. The same applies to a blockage. If the customer has suffered a loss as a result of the website being blocked, he can assert this loss against the web host.
Worth knowing
If customers of webhosters do not pay their bill, they must be put in default. This can be done by sending a reminder. It is sufficient if this reminder is sent by e-mail. In the case of e-mails, it is difficult to prove that the customer has actually received them - quite different to a registered letter. Commercial customers of webhosters are automatically in default after 30 days. For consumers, this only applies if a separate notice is sent. Customers should pay attention to whether they have received a reminder, webhosters should not do without it. If the monthly fees are collected by direct debit, customers should be advised of a return debit note and asked to clear open positions. If a web hoster terminates a web hosting contract extraordinarily, the web hoster still has duties of consideration and loyalty towards the customer. Therefore, the domain contents should not be deleted immediately, but only after the customer has been informed and a deadline has been set.
