The advertised by the defendant statement “The hosting of all the websites runs on the company’s server” is misleading when hosting in reality led by another company. This is also true if this is a subsidiary.
The defendant, which small and medium-sized customers in the context of Internet system contracts offering comprehensive care to their website including creation and hosting, campaigned with the statement:
“The hosting of all the websites runs on the company’s server. Own server to play especially at corporate sites of great importance. The servers guarantee the availability of the systems. In addition, the data center is equipped for emergencies with fire extinguishing systems and emergency generators. ”
The hosting of the websites actually ran not on the defendant company, but rather over the subsidiary. The OLG Dusseldorf this:
“The defendant itself has no data center. Whether the data center used by her is maintained by the XO based in example and whether this is a 90 percent subsidiary of the defendant, is in dispute. ”
Misdirection: web hosting via outsourced company
In the grounds of the judgment it is further:
“Whether the data center used by it is maintained by the XO based in example and whether this is a 90 percent subsidiary of the defendant is irrelevant. For the target public is critical that their data does not leave the immediate area of their access to potential contracting partner.
By outsourcing to a nor to foreign based subsidiary, which is against them not just contractually obligated not expect. In addition, there is always at a subsidiary risk that this will be sold or will enter bankruptcy, and thus no longer control the contractual partner is subject, without the customer to notice this “.