The following terms and conditions apply to all business relationships between the customer and VPS Hosting, named as �us� in this document. The governing law is that which was valid when the contract was put into effect.

Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the contract.

1. Conclusion of the contract

1.1 Our offers are subject to change. We reserve the right to make technical and other changes within reason.

1.2 Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt of the customer's order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.

1.3 We are entitled to accept the offer of a contract (the order) within a period of 5 working days after receipt. We are also entitled to reject the order after examining the reliability of the customer.

2. Scope of services

2.1 We guarantee an annual average of 99.9% network availability for the infrastructure of our computer center. If the security of the power supply network or the maintenance of network integrity is in jeopardy, we can temporarily restrict access to the service as required.

2.2 The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly special offers.

2.3 Technical support services are not included in the offers.

2a. Cloud & vServer Agreement

We strive to keep our networks operating at the highest possible level, so all of our clients benefit from it. Therefore the following actions are prohibited:

• Operating applications that are used to mine crypto currencies.

• The scanning of foreign networks or foreign IP addresses.

• The use of fake source IPs.

• Spamming or any other illicit or illegal use of our servers.

3. Data integrity

3.1 Where data is transmitted to us, the customer is to back up their data regularly. The server will be backed up regularly by us when this is part of the offer.

3.2 The customer is obliged to carry out a complete data backup before any changes are made.

3.3 The customer will receive an user ID and password for security purposes. This must be kept confidential. The client will be held liable for any malpractice resulting from the unauthorized use of the password. If the customer becomes aware that unauthorized third parties know the password, they have to inform us without delay. If the customer is at fault for third-party password abuse, the customer will be liable for all user fees and damages.

4. Privacy

4.1 Our data protection policies are in accordance with the GDPR (European Union's General Data Protection Regulation).

4.2 Personal data of customers will only be collected and used if they are required for the creation, content arrangement or modification of the contractual relationship.

4.3 The client�s Email address will only be used for information on orders, for invoices and � provided that the client does not object � for customer care as well as for our newsletter, if the client so wishes.

4.4 We do not give any personal client information to third parties, with the exception of matters concerning criminal activity where we are required by law to divulge this data to the relevant authorities upon request.

5. Published Content

5.1 It is the customer's responsibility to identify the Internet content as their own or as third-party content. The customer's full name and address must be present. Further obligations may result from the provisions of the Telecommunications Act and Teleservices Act. The customer is obliged to examine these provisions and to comply with them.

5.2 The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this.

The same applies in the event that the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customers' content.

5.3 The sending of spam mail is forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties. With regards to the sending of Emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if it is not respected.

6. Liability

6.1 For direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence, we assume no liability.

6.2 For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case we are liable only for the contract-typical predictable damage, a maximum of 100% of the annually fee.

6.3 If the customer�s web content is in violation of paragraph 5 of obligations, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage.

In addition, the customer agrees to free us from all claims by third parties � no matter which kind � that may result from illegal internet content. The exemption obligation includes liability for all legal defence costs (e.g. court and attorneys' fees).

7. Terms of payment

7.1 The current valid prices are accessible at any time in the build page.

7.2 Monthly payments are conducted solely via PayPal.

7.3 We are entitled without warning to deduct default interest on all overdue payments as indicated on the invoices. The interest charged will be 8 percentage points above the base rate.

7.4 We are also entitled, in case of default payments, to block the internet presence of the customer and to block all other functions.

8. Contract duration/cancellation/place of execution

8.1 Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.

8.2 The contract is cancellable without giving reasons by both parties at any time or on expiry of the minimum contract period stipulated in the contract. A cancellation can only be done via the customers' PayPal account.

8.3 We are also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would be in the case of two consecutive months that the customer did not pay a substantial part of the compensation owed. Another important reason, among others, can also be that the customer contravenes or ignores warnings about infringement of the requirements of section 6.

Another important reason, that can result in block or determination without notice, may be that the customer uses content, which affects the performance or the safety of the server.

8.4 The place of business for all services under this contract is The United Kingdom. We are entitled to take legal action in the country of residence of the customer.

9. Cancellation

9.1 Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us via email: [email protected] of your decision to withdraw from this contract by an unequivocal statement.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.