Terms and conditions

The Kennel Website Company is in a trial phase: we are currently testing demand, and the company is being registered in the State of New York, USA. Until then you can reach us at sufyan@honestdog.de; the postal address, registration details and our representative in the EU will be added here as soon as they are final.

These terms govern the contract between The Kennel Website Company ("The Kennel Website Company", "we") and breeders who take out a The Kennel Website Company subscription.

The Kennel Website Company offers two plans, "Website" and "Website Plus", which differ in the features included. The applicable price is shown in the take-over form and stated on the invoice. All prices are in euros.

Conclusion of the contract: by pressing "Order with obligation to pay" in the take-over form you make a binding offer. The contract is concluded once we confirm your order by email.

Term: the first term is 15 months, of which 12 months are invoiced. It begins on the day we switch your website on after your payment has arrived. The price of the first term is due in advance with the invoice.

After the first term the contract continues for an indefinite period; it does not renew for another fixed term. For that period we invoice the price of your plan twelve months in advance at a time.

Cancellation: you may cancel the contract at any time with one month's notice to the end of a calendar month, at the earliest to the end of the first term. If the first term has not begun yet because your website has not been switched on, the cancellation takes effect with the same notice to the end of a month.

You cancel with the "Cancel contract" button in your back office or by email to sufyan@honestdog.de. We confirm without delay, by email, that your cancellation has arrived and the date on which the contract ends. Your website stays online until that date.

If you have already paid for any period after the contract ends, we refund that amount pro rata.

We may cancel the contract with the same notice, at the earliest to the end of the first term. Either side's right to terminate without notice for good cause remains unaffected.

If you are a consumer, you have a statutory right to withdraw from this contract within 14 days — our withdrawal page explains it and includes a model withdrawal form. If you enter into this contract for the purposes of your trade, business, craft or profession, there is no statutory right of withdrawal.

VAT is shown on the invoice where due. As a business established outside the European Union, we account for VAT on our services to consumers in the EU under the non-Union One-Stop Shop scheme, at the rate of the country where you live; if you contract as a business and give us a valid VAT identification number, you account for the VAT under the reverse charge.

We provide our service with reasonable care and skill. Nothing in these terms limits your statutory rights as a consumer.

Governing law: these terms are governed by the law of the State of New York. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory consumer law of the country where you have your habitual residence (Article 6(2) of the Rome I Regulation).

Courts: as a consumer, you may bring proceedings in the courts of the country where you live, and we may bring proceedings against you only there. If you contract as a business, the courts of New York County, New York, have jurisdiction, and we may also bring proceedings in the courts where you are established.

Data processing (Article 28 GDPR)

Once you take over your website, personal data of other people reaches you through it – above all applications from puppy buyers, entries on your waiting list and contact details. You are the controller of that data under the GDPR, including for the privacy notice on your website. The Kennel Website Company processes it on your behalf as your processor under Article 28 GDPR. The following paragraphs are the data processing agreement between you and The Kennel Website Company; they form part of these terms and apply from the take-over for as long as The Kennel Website Company processes this data for you.

Subject matter and scope: The Kennel Website Company stores this data, shows it to you in your back office, computes the fit score from the answers in an application and sends the emails that go with it, such as confirmations to the people who write to you and notifications to you. The people concerned are puppy buyers, people on your waiting list and anyone who writes to you through your website. The data processed is their contact details (name, email address and, where given, phone number and place of residence) and their answers and messages to you.

Instructions: The Kennel Website Company processes this data only on your documented instructions – this agreement, your settings and actions in the back office, and your instructions by email – unless EU or member state law requires other processing; in that case we tell you beforehand, where the law allows. If we believe an instruction infringes data protection law, we tell you without delay. We do not use the data for our own purposes.

Confidentiality: everyone at The Kennel Website Company with access to this data is bound to confidentiality or under a statutory duty of confidentiality.

Security (Article 32 GDPR): The Kennel Website Company protects the data with appropriate technical and organisational measures, in particular encrypted transport (TLS), encrypted storage of the database and files at Amazon Web Services, access only after sign-in and only to the data of one's own website, and daily automatic backups.

Sub-processors: you agree that The Kennel Website Company uses the following sub-processors: Amazon Web Services EMEA SARL (Luxembourg) for hosting, database and file storage in Frankfurt (region eu-central-1), including serving the web pages and images through Amazon CloudFront and email via Amazon Simple Email Service (SES); Google (Gemini API) solely to read the public content of your previous website when the preview is built – Google receives none of the data that comes in through your website. We bind every sub-processor by contract to equivalent data protection obligations and safeguard transfers to a third country with the European Commission's standard contractual clauses or, for a recipient in the USA certified under it, the EU-US Data Privacy Framework. We announce a new or different sub-processor to you by email beforehand; you may object within 30 days. If we cannot resolve your objection, you may cancel your subscription before the change.

Processing from the USA: because The Kennel Website Company is based in the United States, the European Commission's standard contractual clauses (module 2, controller to processor) apply between you and us to our own processing of this data; where they conflict with this agreement, they prevail.

Assistance: The Kennel Website Company helps you answer requests from the people concerned (access, rectification, erasure, restriction, data portability, objection) and with your obligations under Articles 32 to 36 GDPR – security of processing, notification of personal data breaches, data protection impact assessments and prior consultation. If someone concerned contacts us directly, we forward their request to you without delay.

Personal data breaches: if The Kennel Website Company becomes aware of a breach affecting this data, we notify you without undue delay and give you the information you need for your own notification and communication under Articles 33 and 34 GDPR.

End of processing: when your subscription ends, we delete this data or, at your choice, hand it to you as a file and then delete the remaining copies, unless the law requires us to keep it. Copies in automatic backups disappear as those backups expire.

Information and audits: The Kennel Website Company makes available to you all information you need to demonstrate compliance with these obligations and allows audits by you or by an auditor you appoint who is bound to confidentiality. As a rule, a written account with the relevant documents is enough; an on-site audit we arrange with you with reasonable notice. Send instructions and questions about data processing to sufyan@honestdog.de.