1.1 The following Terms and Conditions apply to all business relationships between the Customer and ECSO CLOUD, also hereinafter referred to as "us/we". These Terms and Conditions are an integral part of all contracts with the Customer. These Terms and Conditions also apply to future services and offers, even if the Customer does not separately agree upon them again. 1.2. The terms and conditions of our customers or third parties are not applicable and are not part of the contract, even if we do not separately object to their application in individual cases. 1.3 We expressly reserve the right to make changes to our Terms and Conditions, System Policies and prices by giving the Customer prior notification via their customer account or using the email address the Customer enters in their contact information. 1.4. The conditions and policies listed in the preamble apply in the order of precedence listed above. 1.5. Our employees and third parties commissioned by them are not authorized to make verbal agreements or to provide any verbal guarantees or commitments to the Customer.
2.1. The contract is concluded when the Customer submits their order and we accept their order in accordance to the provisions of point 2.4 of these Terms and Conditions. 2.2. Our offers are subject to change and are non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable. 2.3. The Customer declares that the data they provided on their customer account are correct and complete and shall notify us of any changes in this regard in writing within no more than 14 days. The Customer is required to provide evidence of the correctness of the data upon request. 2.4. The Customer enters into a binding contract by placing the order and by accepting these Terms and Conditions. We are entitled to accept or reject the contract in the Customer’s order within a period of 5 work days after we receive the order. By merely confirming that we have received the Customer’s order, we are not bound to accept their order and the contract it contains. 2.5. Contracts are concluded for an unlimited time period unless otherwise agreed. 2.6. The contract may be terminated by either party with 30 days' notice to the end of the month, without specifying any reasons. Differing periods of notice may apply to the Customers depending on the description of relevant services. Notice of termination may be given in text form by letter, fax, email or via the Customer’s account on our secure customer interface. 2.7. Furthermore, we reserve the right to terminate the contractual relationship without notice for good cause. Such good cause is deemed to exist, among other reasons, if the Customer fails to meet its payment obligations or violates other important customer obligations. A further important reason which may result in us locking or terminating the Customer’s services or account without notice is if the Customer uses content that impairs the regular operating behavior or the security of our infrastructure or our product, or violates paragraphs 8.1. - 8.3. of these Terms and Conditions. 2.8. If the Customer intends to transfer their contractual rights and obligations to a third party, then our consent is required for this purpose. The Customer must make their transfer request in writing. We are obligated to verify the legitimacy of the transferor and the identity of the third party.
2.1. The contract is concluded when the Customer submits their order and we accept their order in accordance to the provisions of point 2.4 of these Terms and Conditions. 2.2. Our offers are subject to change and are non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable. 2.3. The Customer declares that the data they provided on their customer account are correct and complete and shall notify us of any changes in this regard in writing within no more than 14 days. The Customer is required to provide evidence of the correctness of the data upon request. 2.4. The Customer enters into a binding contract by placing the order and by accepting these Terms and Conditions. We are entitled to accept or reject the contract in the Customer’s order within a period of 5 work days after we receive the order. By merely confirming that we have received the Customer’s order, we are not bound to accept their order and the contract it contains. 2.5. Contracts are concluded for an unlimited time period unless otherwise agreed. 2.6. The contract may be terminated by either party with 30 days' notice to the end of the month, without specifying any reasons. Differing periods of notice may apply to the Customers depending on the description of relevant services. Notice of termination may be given in text form by letter, fax, email or via the Customer’s account on our secure customer interface. 2.7. Furthermore, we reserve the right to terminate the contractual relationship without notice for good cause. Such good cause is deemed to exist, among other reasons, if the Customer fails to meet its payment obligations or violates other important customer obligations. A further important reason which may result in us locking or terminating the Customer’s services or account without notice is if the Customer uses content that impairs the regular operating behavior or the security of our infrastructure or our product, or violates paragraphs 8.1. - 8.3. of these Terms and Conditions. 2.8. If the Customer intends to transfer their contractual rights and obligations to a third party, then our consent is required for this purpose. The Customer must make their transfer request in writing. We are obligated to verify the legitimacy of the transferor and the identity of the third party.
3.1. The scope of the contractual service is based on the product description that is valid at the time of the Customer’s order and the written agreements resulting from it. We reserve the right, after prior notice, to discontinue services we offer free of charge or to introduce fees for these services. 3.2. If the subject of the contractual relationship is the registration of domain names, we only are obligated to arrange the desired domain registration. We do not accept liability for or provide any warranty that the domain registration authorities will actually allocate the domain name that the Customer requests in their order. The Customer is only entitled to assume they will actually be allocated the domain name once we have confirmed the allocation. We have no influence on the domain allocation. 3.3. We undertake to make economically reasonable efforts to achieve an annual average network availability of 99% at our data centers. 3.4. If the service includes the allocation of an IP address, we do not perform a blacklist check of this IP address and the Customer has no claim to a specific IP address. We reserve the right to change the Customer’s allocated IP address when necessary with prior written notice. 3.5. If we offer technical support services that go beyond the service description, then we invoice these separately.
4.1. We will invoice the Customer for any contractually binding services using the updated prices visible on ecso.cloud, plus the statutory value added tax. If the service is for shipped goods, the price includes postage and packaging from the specified storage location. 4.2. After placing the order, an invoice is created, which the customer can pay using the specified payment methods. Payment is due immediately. Upon receipt of payment, the product is delivered immediately, in most cases fully automatically. 4.3. If we permit the Customer to make a late payment, we maintain the right, even without a reminder, to charge interest for the late payment beginning on the due date. The amount is determined in accordance with paragraph § 288 of the German Civil Code (BGB). 4.4. The Customer is obligated to pay all fees and taxes incurred by using the service or by the third parties designated by the Customer. Billing is free of charge exclusively in electronic form. There are corresponding fees for postal delivery. 4.5. The Customer is obligated to comply with any applicable export and import control regulation, in particular the US regulations as well as all other relevant regulations.
5.1. The Customer has full and sole administrator rights for all root and cloud server service products. The Customer is responsible for managing and securing these products at their own expense and risk. 5.2. The Customer, by using our services, is obligated to set up and manage their servers in such a way that does not compromise the integrity and availability of the networks, servers and data of third parties. In particular, it is strictly forbidden to use the servers for (d)DOS attacks or to run open mail relays or other systems that are capable of performing these actions. If the Customer violates this agreement, we reserve the right - without prior notice - to lock the server and terminate the contract without notice. 5.3. The Customer is obligated to use the services provided appropriately and to refrain from abusive and illegal actions. 5.4. The Customer is responsible for making regular backups (backup copies) of their data; the backups should be stored outside the server provided by us. If data is transmitted to us on the Customer’s servers, the Customer is obligated to make regular backup copies of the data. The customer is obligated to perform a complete data backup prior to any change they make on their own behalf or on the behalf of a third party. If there is nonetheless a loss of data, the Customer is obligated to transfer the relevant data files to us again free of charge or to restore the data themselves.
6.1. Data processing is performed in accordance with GDPR. Please refer to our privacy policy for more information, which is available under https://ecso.cloud/legal/data-privacy 6.2. If the Customer also wishes to process personal data of third parties with our services, the Customer alone remains the responsible party in the sense of data protection law. We only process personal data as a processor of orders pursuant to Art. 28 GDPR if the Customer concludes a contract for processing orders with us. This contract for processing orders is not concluded automatically. We can offer the Customer the opportunity to conclude a contract for processing orders via the Customer’s account, if necessary, which is supplemented by EU standard contractual clauses, if the Customer orders products that are located in a third country. 6.3. We hereby warn the Customer that we are generally unable to determine whether the Customer is processing personal data. The Customer is therefore obligated to provide us with the necessary information, in particular whether personal data of third parties are processed, for what purpose these data are processed and which categories the personal data and the data subjects are to be assigned. In the absence of a contract for order processing with the necessary information from the Customer, we assume that the Customer is not processing third party personal data using our services, so we will not take any measures in accordance with data protection law. 6.4. We hereby warn the Customer that, given the current state of technology, there is still no all-embracing form of protection for data transmission on the internet. The Customer is responsible for the safety and security of all data they store on any of their products.
7.1. The Customer is entitled to grant third parties a contractual term of use to any services the Customer orders from ECSO CLOUD. In this case, the Customer nevertheless remains the sole contractual partner. The Customer continues to be solely and fully liable for compliance with the contractual agreements between us and the Customer. 7.2. If the Customer transfers user rights to their ECSO CLOUD services to a third party, the Customer is obligated at the time of transfer to ensure that all legal and contractual provisions are followed. This is true for any changes that require the cooperation of the third party. 7.3. If the third party violates the contractual obligations or does not comply with the obligation to cooperate, if the data provided by the third party is incorrect or incomplete, or if other problems arise with the granting of user rights to third parties, the Customer assumes full liability for all resulting damages and, in addition, indemnifies us from all claims made against us by the third party or others.
8.1. The Customer is obligated to check and comply with the legal provisions arising from the use of the contractually agreed services, in particular the Telecommunications Act, the Telemedia Act, as well as national and international industrial and intellectual property rights, personal rights, and the requirements of competition and data protection laws on their own. The Customer indemnifies us against all claims of third parties arising from infringements of these obligations. 8.2. The Customer is obligated not to publish any content that infringes on the rights of third parties or otherwise violates applicable law. This includes in particular, but is not limited to, pornographic or obscene material, extremist content or content that offends common decency, gambling, material that could seriously endanger the morals of children or young people or violate the rights of third parties (copyrights, name rights, trademark rights and data protection rights). This also includes the publication of defamatory content, insults or disparagement of persons or groups of persons. 8.3. The transmission of spam mail is prohibited. This includes in particular the sending of unauthorized, unsolicited advertising to third parties. When sending emails, it is also prohibited to provide false sender data or to disguise the identity of the sender in any other way. The operation of applications for mining cryptocurrencies remains prohibited. These include, but are not limited to, mining, farming and plotting of cryptocurrencies. We are entitled to lock the Customer’s access to their ECSO CLOUD services or account in the event of non-compliance. 8.4. If we become aware of illegal activities, we are obligated under Art. 6 Abs. 1 DSA (Digital Services Act) to request that the Customer immediately removes the offending content and we are entitled to lock the Customer’s access to their ECSO CLOUD services or account.
9.1. The Customer uses ECSO CLOUD services at their own risk. We are liable for indirect damages in the case of intent or gross negligence, but not for loss of profit. We are liable for culpable infringements that are not due to gross negligence or intent for the foreseeable damage typical for this type of contract, up to a maximum of 100 % of the price for the Customer's monthly product rental. 9.2. If the Customer violates the content obligations mentioned in Section 8 of these Terms and Conditions, in particular regarding legal prohibitions and decency violations, the Customer is liable to us for compensation for all direct or indirect damages arising from this, including financial losses. Furthermore, the Customer is obligated to indemnify us against claims by third parties - irrespective of the legal basis - resulting from the Customer or their designated third parties. The indemnification obligation also includes all incurred legal defense costs.
If the service consists of goods delivered via post, a limitation period of 12 months after delivery applies to claims for defects. If the service consists of the delivery of used goods, we are not liable for any defects. The statutory limitation period also applies to claims for damages in the event of willful and gross negligence as well as in the event of injury to life, limb and health that are the result of an intentional or negligent breach of obligation by the user.
The Customer grants us a lien on equipment installed by the Customer or by third parties in the data center to protect any outstanding debts arising from the contractual relationship. We are entitled to enforce the lien after informing the customer of their outstanding debts if the Customer does not settle all outstanding debts within 10 work days after receiving the notification of sale. Any surpluses generated by the sale are paid out to the Customer.
By purchasing this any service, you acknowledge and agree that: - The digital content/service will be made available to you immediately after purchase. - You expressly consent to the immediate delivery of the digital content/service before the end of the 14-day withdrawal period. - You understand that by giving this consent, you lose your right of withdrawal once the service/digital content has been provided in full. If you do not agree to immediate access, you may cancel your order before the content is made available.
The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which is available at https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
14.1. These Terms and Conditions and the contractual relationship between us and the Customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law. 14.2. The international and exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office in Mülheim-Kärlich. We are, however, entitled in all cases to initiate legal proceedings at the Customer's place of business. Superordinate statutory provisions, in particular, on exclusive jurisdiction, remain unaffected. 14.3. If any provision is or becomes invalid or unenforceable in whole or in part, this has no effect on the validity of the remaining provisions. The same applies if and to the extent that an omission be revealed in this contract. In place of the invalid or unenforceable provision, an appropriate provision will apply which, as far as legally possible, corresponds to the sense and purpose of the invalid or unenforceable provision or to the presumed intention of the parties, just as if they had considered this point.
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