Courtesy translation
This is a courtesy translation. Only the German version is legally binding.
Preliminary note
This notice is addressed to consumers, i.e. natural persons who conclude a contract for purposes that can be attributed neither predominantly to their commercial nor to their self-employed professional activity (§ 13 BGB). Businesses have no statutory right of withdrawal; the cancellation rules of the Terms and Conditions apply to them. The contracting party and the recipient of the withdrawal is Darkmatter IT (sole proprietorship, brand “MAM-JAHN”), owner Marco Andreas Martin Jahn, Goethestr. 8, 84323 Massing, Germany, email support@mam-jahn.de, phone +49 1525 7859999.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
For contracts for services (KVM servers, Storage Box, web hosting, domains and, for existing contracts, further hosting services), the withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (Darkmatter IT, Goethestr. 8, 84323 Massing, Germany, email support@mam-jahn.de, phone +49 1525 7859999) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the enclosed sample withdrawal form for this, but it is not mandatory.
You can also withdraw from the contract online using the “Withdraw from contract here” button. It is linked in the footer of our website, leads to the withdrawal function at https://mam-jahn.de/kuendigen?art=widerruf and can be used without signing in (§ 356a BGB). If you use it, we will immediately send you an acknowledgement of receipt on a durable medium (email) stating the content of your declaration and the date and time of receipt.
To meet the withdrawal period, it is sufficient that you send the notice of exercising the right of withdrawal before the withdrawal period has expired; this also applies to sending it via the withdrawal function.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notice of your withdrawal from this contract. For this repayment we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees because of this repayment.
If you have requested that the service begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you notify us of the exercise of the right of withdrawal in relation to this contract, compared with the total scope of the services provided for in the contract.
Immediate provision and expiry of the right of withdrawal
In the ordering process you can expressly request that we begin the service immediately – that is, before the withdrawal period has expired – and confirm that you are aware that your right of withdrawal expires once the service has been provided in full. This consent is voluntary; without it we only provide the service after the fourteen days have passed, and until then we refund the full amount in the event of a withdrawal.
We provide digital services (e.g. servers, hosting, domains). For these, your right of withdrawal expires under § 356 para. 4 BGB as soon as the order is completed and the service has been provided automatically and in full – with your consent and acknowledgement expressly given in the ordering process. In these cases there is generally no longer a right of withdrawal, so a withdrawal cannot be accepted.
You can still submit your declaration of withdrawal at any time. We accept it, confirm receipt to you and examine it on a case-by-case basis.
What is refunded in the event of withdrawal
(1) If a right of withdrawal exists (for example because you did not consent to immediate provision and the service had not yet been provided), we refund all payments as described in the section “Consequences of withdrawal”.
(2) If the service was provided automatically and in full with your consent and acknowledgement, the right of withdrawal has expired (section “Immediate provision and expiry of the right of withdrawal”); no refund is then made. The cancellation rules of the Terms and Conditions apply to termination.
(3) Domains: Upon successful registration the service is fully performed; the right of withdrawal for the domain has thereby expired and no refund is made.
Early expiry for services and domains
The right of withdrawal expires for a contract for the provision of services once we have provided the service in full and have only begun performance after you gave your express consent and at the same time confirmed your awareness that you lose your right of withdrawal once we have fully performed the contract (§ 356 para. 4 BGB). When a domain is registered, the service is fully performed upon successful registration; we only register a domain within the withdrawal period if you expressly agreed to this.
Data after a withdrawal
After an effective withdrawal the service is ended. Data you stored on the service is kept for another 14 days; during this time you can export it or request its handover (§ 327p BGB). After that it is irrevocably deleted. Please therefore back up your data before or immediately after the withdrawal.
Special notes
(1) Technical services: A withdrawal ends the service. Data, content, configurations and installations that you stored on a server, in web hosting or on a Storage Box are then only available during the 14-day retention period (section “Data after a withdrawal”) and are then irrevocably deleted. Please back up your data before you send the withdrawal.
(2) Domains: A domain is registered individually for you at your request. We only register it within the withdrawal period if you expressly agreed to this in the ordering process; upon registration the service is fully performed and the right of withdrawal for the domain has expired.
(3) Term: The right of withdrawal exists regardless of the chosen term. After the withdrawal period has expired, the cancellation rules of the Terms and Conditions (§ 5 and § 6) apply to ending the contract. For this there is the “Cancel contracts here” button (https://mam-jahn.de/kuendigen).
(4) Businesses: The right of withdrawal is only available to consumers. Businesses, freelancers and legal entities have no statutory right of withdrawal; only the cancellation rules of the Terms and Conditions apply to them.
(5) You also receive this notice by email with the contract confirmation; it can be accessed at any time at https://mam-jahn.de/widerruf/. The Terms and Conditions are available at https://mam-jahn.de/agb/.
Sample withdrawal form
(If you want to withdraw from the contract, please fill in this form and send it back.)
To Darkmatter IT, Goethestr. 8, 84323 Massing, Germany, email: support@mam-jahn.de
I/We () hereby withdraw from the contract concluded by me/us () for the provision of the following service (*):
Ordered on (*): ____________________
Name of the consumer(s): ____________________
Address of the consumer(s): ____________________
Customer number (if available): ____________________
Signature of the consumer(s) (only for notification on paper): ____________________
Date: ____________________
(*) Delete as appropriate.