Choosing the right web host presents start-up founders with numerous problems. When establishing a homepage or an online shop, there are numerous special features to consider which are not considered by company founders at first. The right webhoster has to offer a wide range of services in the field of search engine optimization and additionally guarantee an excellent performance of the hosting. In addition, numerous regulations from Internet law must be observed. The relevant legal regulations change regularly as the World Wide Web is constantly evolving and poses new problems. In addition, there is a seemingly confusing multitude of regulations, which can lead to warnings and negative consequences if not observed. We will explain the necessary steps and give you tips on how start-up entrepreneurs can successfully start their professional life.
The importance of websites for start-up entrepreneurs
Start-Up founders are geared to a functioning website reliant. This is not only true for people with online shops, but also for conventional business founders. After all, numerous services and products are found locally via the Internet. In addition to an appealing web design and high-quality programming, the choice of a suitable hoster is of particular importance for online shops and larger web projects. The internet presence of start-up founders represents the company to the outside world and conveys a first impression. At this point should not be saved. No matter how professionally services and products are sold: With a "bumbling" Internet presence, these can hardly be advertised. The professional internet presence should give a serious impression and show a lasting stability. Internet presences are accessed from laptops, smartphones and other end devices. Existing and potential customers become aware of start-up founders and their services via the internet. A professional and functioning Internet presence remains in the positive memory of visitors and represents an important factor in the acquisition of new customers. Due to the immense importance of the Internet, considerable profits can be realized. A significant question for the technical design of a web presence is the hosting.
Important criteria for the hosting of online presences
Selling goods and services on the Internet has become an absolute must for many entrepreneurs. For others, the online presence represents a successful opportunity for customer acquisition or an additional sales channel. Sales on the e-commerce market are increasing by up to ten percent a year in some cases. Setting up an online shop has become quite convenient and uncomplicated. In addition to the choice of the appropriate program, the question of the appropriate web host is of particular importance. It is of enormous importance to consider which framework conditions are to be created with a web hosting in the long term. Web hosts must be reliable, efficient and secure. These should be a suitable Firewall that protects against unauthorized access. In addition, the data center should offer a high reliability against failures of the web shop or the Internet presence. Problems in data centers should be prevented by emergency power generators. Regular backups, high bandwidth and excellent computing power should be a matter of course. SSL certificates should be available with web hosting so that payment transactions can be handled at a secure level. Generally, a distinction is made between the following types of hosting:
With cloud hosting, a server farm is used. Depending on the requirements, main memory, computing power and disk storage can be added or deducted at will. This type of hosting is suitable for medium to large websites with high security requirements.
- Dedicated Server Hosting
With Dedicated Server Hosting, the customer has his own server at his disposal, which is administered and used alone. This type of hosting is suitable for webshops with high security requirements and immense data traffic.
- Virtual Server Hosting
Virtual Server Hosting uses software to simulate a virtual server where parts of the CPU, main memory and disk space are allocated to individual customers. This type of web hosting is suitable for medium-sized projects.
- shared server hosting
Resources such as main memory, CPU and disk space are shared with many other customers. This is quite sufficient for smaller web projects.
Other factors to consider:
- How many items should be sold in an online shop?
- With which systems is the webhoster compatible?
- From which domains should the website be accessible?
- How many customers are expected?
- Can services be booked flexibly?
- What size should the online shop have?
- What is the minimum term of the hosting contract?
- Is the project limited in time?
- What is the price of the webhoster?
There is a lot of planning in an online shop or an Internet presence - numerous considerations must be taken into account. Until the first customer offer arrives, the question of the right hoster must be dealt with intensively. Thereby the web hosting should always be adjusted to the individual needs.
Important knowledge from the field of Internet law
After choosing the right webhoster, the start-up founder is far from having reached the end of his thoughts. When designing the internet presence or the web shop, numerous issues from the field of internet law must be taken into account. These include topics such as liability, imprint, domain and the like. Internet law is an extremely important topic, which is of particular importance for business start-ups. Knowing and following the legal regulations is not easy even for experts - start-up founders often lose the overview even more so. In the following we provide you with a checklist containing the most important tips for start-up founders:
- Obligation to provide a legal notice
- Domain name
- Liability for links
- Copyright and competition law
- Duty to notify, inform and instruct
The imprint
Due to the extensive regulations in the field of Internet law, the already difficult life of start-up founders is made even more difficult. Price Indication Ordinance, competition law, law on the use of names and the Telemedia Act contain numerous regulations which combine to form an opaque thicket. According to § 5 TMG online shops and websites must have a provider identification, i.e. an imprint. The background to this obligation is that the website user should be able to easily recognise who he is dealing with. In addition, an address must be available with which legal claims and demands can be delivered to the site operator. The information that must be included in an imprint differs depending on the form of the online shop or the Internet presence. Fundamental mistakes should be avoided in the design. This includes insufficient contact data, missing information on the VAT ID and register entry, missing information on the legal form and power of representation as well as the abbreviation of the operator's first name.
The right of withdrawal
Due to an inadequate implementation of the right of withdrawal, online traders have repeatedly come into contact with warnings. After the purchase, consumers must receive an e-mail in which they are informed about their right of withdrawal. An official sample revocation instruction is available for this purpose. This informs the consumer about his 14-day right of revocation, which he is entitled to on the Internet after conclusion of the contract. The right of revocation must be in text form and may not be restricted (e.g: Only returns in original packaging, returns exclusively with costs, exclusion for certain goods etc).
AGB clauses with inadmissible orientation
Many start-up founders adopt ready-made general terms and conditions clauses - these can lead to legal difficulties under certain circumstances, which is why they should definitely be read through literally. Any changes or deviations from the AGB's must be confirmed in writing. Delivery times are never binding. In addition, the consumer must be informed about jurisdiction agreements. Transport risks may not be transferred to the customer. Promised products must be delivered and may not be replaced by "equivalent" products. In addition, the consumer must be informed that he/she must examine and immediately report any damage to products without undue delay. The customer must be expressly informed of the existence of the general terms and conditions, and must have the opportunity to read them and agree to them. This is usually realized by placing a clear reference to the GTC at the time of the conclusion of the contract and confirming this with a checkbox or other means of consent on the part of the customer.
Prices and shipping costs
The Price Indication Regulation states that online shops reflect correct and complete prices. Sales tax, value added tax etc. must already be included in the price. The shipping costs must be specifically stated or at least be apparent, i.e. they must be able to be calculated by the customer. Warnings are usually issued whenever the website states "The shipping costs will be provided on request".
The privacy policy
§ Section 13 TMG stipulates that customers must be informed about the handling of personal data. If customer data is stored during the ordering process and used exclusively for order processing, it is sufficient for users to be briefly informed about this.
Product photos, text content and videos & advertising material
Product photos, text content and videos may not be taken from other websites. This follows from competition and copyright regulations. If there is no permission of the respective shop or website operator, the contents may not be taken over. In addition to an action for injunction, claims for damages may possibly arise. Start-up founders should remember that many people automatically have the Internet searched for plagiarism, so there is an extremely high risk of discovery. Shop operators and service providers often advertise with statements such as "24-month warranty" or "23-month guarantee". The warranty claim for consumers is regulated by law. The law stipulates that the warranty is two years. As a result, the consumer is deceived about the services of the start-up founder. The latter advertises a warranty, which the consumer is entitled to anyway according to the law. The customer is left in the mistaken belief that he will receive the 24-month warranty exclusively in this online shop and will receive a "plus" in performance compared to other competitors. The guarantee is a voluntary offer on the part of the shop operator and can be extended at will. However, the general conditions and details of the guarantee must be pointed out when making a corresponding application. The difference between guarantee and warranty is the following point: With a guarantee, defective products are replaced, whereas with a warranty it does not matter whether the manufacturer is at fault. The manufacturer is responsible for the functioning of a product for a defined period of time - regardless of whether the product has a defect or not.
