Terms & Conditions

Services of the provider, payment, contract period/termination

  1. The scope of the individual services is based on the current service description in force at the time of placing the order.

  2. If no other agreement has been expressly reached, the provider shall also be entitled to instruct expert staff or third parties to provide the services incumbent upon him. If active co-operation is required on the customer's part on another server, e.g. during the transfer of a web space package or other data stored on the provider's servers, the customer shall provide such co-operation in accordance with the provider's instructions and within the stipulated time.

  3. If no other agreement has been reached the provider shall be entitled to demand payment in advance for all services ordered by the customer for the respective period.

    All dedicated server packages and VPS packages offered by the provider assume a minimum service period selected by the customer when placing the order with an automatic extension of the contract and the corresponding services for the minimum service period chosen by the customer.

  4. Once the payment which had been made by the customer in advance for the agreed term has expired the contract is automatically terminated.

  5. Given that the customer is placing the order as a private customer (as defined by § 13 BGB), the following applies: The customer has to pay the provider an appropriate fee which equals the ratio of the services already rendered in relation to the total services initially intended for the contract, up to the point when the customer informed the provider about the enactment of his right of revocation regarding the contract. This is true in particular for yearly costs of ordering Internet domains. The reason for this is that these Internet domains are ordered individually according to the customer's wish from the responsible registry and such orders have to be paid by the provider for one year in advance. This is why advances rendered by the customer will be withheld, in general. Due to the installation and start of operation of the hosting services ordered by the customer (setup and configuration of the web space or server, the domain or the colocation space as well as the Internet uplink required, setup of upgrades, etc.), which the provider is contractually obligated to perform, the provider explicitly reserves the right to demand appropriate compensation for lost value if the costs for the services rendered by the provider in relation to the total services intended for the contract are not covered by advances made by the customer.

  6. Should the provider be commissioned by the customer to provide services that are over and above the duties and responsibilities detailed in these General Terms and Conditions and in the service description (e.g. software-configuration, correction of errors or problems etc., that were not caused by the provider) the provider shall be entitled to demand adequate remuneration.

  7. responsibility for backups of his data lies with the customer, not the provider.

  8. The provider shall be entitled to increase fees up to once per quarter. Such an increase requires the agreement of the customer. The agreement of the customer shall be given if he does not dissent within 4 weeks after receipt of the message informing him about the change. The provider is obliged to inform the customer about the repercussions of not dissenting within 4 weeks. As long as the main obligation, i.e. the obligation of payment of the basic usage-independent monthly remuneration, is not concerned, the provider determins the remuneration according to equitable discretion.

  9. In case the GST is increased, the provider shall be entitled to adjust the remuneration for goods and services, which are adduced or delivered within a continuing obligation, accordingly, starting at the point of time the value-added tax-change comes into effect.

  10. It is agreed that payments made by the customer will not be refunded regardless of their original purpose - except in the case of an effective revocation.

Third party rights

  1. The customer expressly assures that the provision and publication of web page content created either by himself and/or web pages created for him by the provider based on information provided by the customer neither infringes Indian law nor any other law applicable in the customer’s country of residence, in particular copyright, data protection and competition law. The provider reserves the right to remove any pages from storage on his server that appear to be of dubious content. The provider shall immediately inform the supplier about any intended deletion of pages. The same shall apply if the provider is requested by third parties to change or delete contents of web pages because they allegedly violate third party rights.

  2. The provider shall be entitled to delete any such web pages from hard disk storage on his web server if such pages are likely to infringe third party rights. He shall also be entitled to prevent access by third parties by taking any appropriate action. The provider undertakes to notify the customer immediately about any such measure. Should the customer be able to provide proof that there are no concerns regarding infringement of third party rights the provider shall make the web pages concerned available again to third parties. The customer hereby agrees to hold the provider harmless from any claims by third parties resulting from the content of materials on the customer's website(s).

  3. The clauses 1 and 2 are also applicable for all other products offered by the provider which are suitable for publishing data, such as VPS or colocated servers.

Limitation regarding content

  1. For webspace-packages, the following applies: The customer must ensure that his web site is designed such that the server is not excessively loaded, e.g. caused by CGI/PHP scripts requiring considerable computing power or above average memory usage. Excessive loading shall be defined as such usage of the aforementioned resources such that the operation of a server is noticeably impaired or even crashes. Provider reserves the right to prohibit customers or third parties from accessing pages that do not comply with the aforementioned requirements.

    If no other agreement has been reached, the following content is forbidden:

    1. Unsolicited bulk messages (spam e-mails) or web pages that are connected in some way with spamming.

    2. All other scripts and applications that may impair and/or disrupt the function of the server.

  2. For dedicated, colocated and virtual servers, the following applies: If no other agreement has been reached, the following content is forbidden:

    1. Unsolicited bulk messages (spam e-mails) or web pages that are connected in some way with spamming.

    2. IRCd, the service for Internet Relay Chat.

    3. All other scripts and applications that may impair and/or disrupt the function of the server or other servers.

  3. Should clause 1 or 2 be applicable, the provider reserves the right to immediately suspend the webspace package or server. This course of action will also be implemented should other sites stored on the server or other servers within the network of the provider be affected by the customer's site or server. The customer shall be informed about any such suspension.

  4. Moreover, the provider can proceed with the immediate suspension of any server or webspace package on which would be operated any kind of proxy service, such as VPN or TOR, for which the provider has knowledge of abuse, fraudulent or unlawful use.

  5. In case of such a suspension, solely the customer, not the provider shall be accountable for infringements of contracts. In any case the provider's claim of payment of remuneration remains, for the entire contract period.

Server-administration

The following is only applicable for server offers (like dedicated, colocated and virtual servers):

  1. The provider concedes complete and sole administration-rights on rented/colocated servers to the customer. Only the customer knows the individual administration-password of the server, not the provider. The provider is therefore unable to administrate the rented/colocated server. Hence the customer is solely and entirely responsible for administration and security of his servers, at his own expenses and risks. It is his duty to install necessary security-software and to inform himself constantly regarding security issues as well as to fix such by himself. Installation of maintenance software or other software does not absolve the customer from this duty.

  2. Should customers receive fixed IP-addresses, the provider reserves the right to change these when technical needs arise and to inform the customer about his new IP-address.

  3. If necessary and reasonable, the customer will assist at simple configuration changes, such as entering the login-data anew, or simple changes of his systems.

  4. ) It is the customer's duty to configure his programs in such a way that they are restarted automatically when the hardware or the operating system is restarted.

Guarantees of performance

  1. The provider guarantees an annual mean 95%-availability of the physical connection of his webspace packages, dedicated, colocated and virtual servers. Exempted hereof are periods of time in which the servers are not reachable over the internet due to technical or other problems which do not lie within the provider's sphere of influence (force majeure, faults of third parties or of the customer).

  2. The servers located in the datacenters of the provider are connected to the internet over a complex network infrastructure. Data traffic is routed over different active and passive network components (routers, switches, and other devices), which have a certain maximum data throughput. Therefore data throughput capacities can be limited for particular servers at particular points and not be equal to the maximum allowed data throughput of the respective switch-port. Unless otherwise agreed, the provider cannot give a guarantee for the amount of actually available bandwidth for individual servers, but makes available bandwidth depending on the technical capability of the datacenter, taking into account obligations towards other customers.

  3. Customers can use the servers of the provider or own colocated servers for an manageable amount of different applications and use various software programms to this purpose, at their own discretion. Because of this, millions of different configurations are possible. The sheer diversity of these option does not permit the provider to give guarantees for the utilizability and compatibility of servers for a certain purpose.

    Except for the specifications made in the description of the offer, the provider cannot give guarantees for the actual resources available for individual webspace packages and VPS. Rather, the provider makes available resouces depending on technical possibilities, taking into account obligations towards other customers.

Data protection

  1. Our data protection practice is in conformity with the EU regulation 2016/679 (General Data Protection Regulation; GDPR), with the German Federal Data Protection Act (BDSG) as well as with the German Telemedia Act (TMG).

  2. The provider collects, processes and uses personal data of a user without prior permission insofar they are required for the contractual substantiation and processing as well as for accounting purposes.

  3. The provider expressly points out that the protection of data privacy for data transmission across open networks such as the Internet cannot be fully guaranteed with current technology. The customer is aware that the provider technically might be able to see the data stored by the customer on his server at any time. This depends on the ordered hosting product. Other unauthorised Internet users may also be technically able to interfere with network security and control the flow of messages.

  4. The customer warrants that all information he has given to Oxtrys is correct and complete. Upon request the customer agrees to immediately inform Oxtrys of any changes and to reconfirm that the data is currently correct within 7 days of receiving any such request.

    This applies in particular to:

    1. Name, postal address, e-mail address and telephone number of the customer.

    2. Name, postal address, e-mail address as well as the telephone and fax number of the technician responsible for the domain.

    3. Name, postal address, e-mail address as well as the telephone and fax number of the administrator of the domain.

    4. and if the customer provides his own name server, the IP addresses of the primary and secondary name servers including the names of these servers.

Limitation of liability

The provider shall be liable for any damages caused by him or factors, servants and assignees through gross negligence or intent. In cases of violation of essential contractual obligations and slight negligence which lead to financial losses liability shall be limited to a liability insurance procured by the provider (with regard to the amount of liability) and to predictable, imminent losses (with regard to the type of liability).The limitations of liability stated above do not concern claims of the customer regarding product liability and especially do not apply for damage caused to the customer's health (or loss of life) attributable to the provider. Otherwise, liability is excluded.

Indemnity

The customer indemnifies the provider against all possible third party claims arising from any illegal action by the customer or from errors in the information provided by the latter. This applies in particular to copyright, data protection and competition law violations. Oxtrys shall not be obliged to check the customer's websites for possible legal violations.

Applicable law, place of jurisdiction

  1. Applicable law is that of the Federal Republic of Germany and Indian Court.

  2. ) Any dispute resulting from this agreement shall be referred solely to a court of competent jurisdiction at the place of business of the provider.

Payment

  1. Provided that, in the following or preceding section(s), the customer has selected the payment option, "direct debit" or "credit card", he herewith agrees that payments for the services of the provider shall be debited from his bank account or credit card. Such payments may include:

    1. Setup charge

    2. Monthly package/server/housing/bandwidth charge

    3. Domain costs

    4. Costs for additional traffic

    5. Other costs that may arise for using the provider’s services

  2. ) In the case of return debit notes for which the customer is responsible, the provider shall charge a return debit note in accordance with the current price list per debit note, unless the customer proves that no damage at all or a significantly lower amount has been incurred.

  3. In the case of a failed debit collection, the provider may immediately claim default interest fixed by law. Additionally, the provider shall be entitled to discontinue the service contract until payment is made. The provider shall be entitled to suspend the contract and reallocate the rented capacities. Data loss cannot be ruled out in this case. A one-time-fee of is computed by the provider when re-activating the service for the customer.

  4. The provisions set out in paragraph 3 shall also apply in the case of non-payment if the customer has selected the payment option "bank transfer", "PayPal", "Skrill" or a similar, comparable payment option. Delay of payment is the case when, at the first of a given month, the services of the provider have not been prepaid for the entire month.

Licensing terms for Microsoft products

Provided that in the following or preceding section the customer has selected a Microsoft software product (e.g. Windows Server, SQL Server etc.) for installation on his server, he must comply with the current provisions of the "Microsoft Service Provider Use Rights" (SPUR) and the "End User License Terms" (EULT) which apply within the context of the Microsoft "Service Provider License Agreement"

The customer thus agrees to comply with the corresponding provisions and is responsible for observing them correctly.

These provisions may result in only having restricted or even not having the possibility to use otherwise purchased licenses of the customer with the servers of the provider. The provider will supply a license for all customer orders of Microsoft software products considering the Microsoft Service Provider License Agreement. This license allows the monthly use of the Microsoft software product on the server and limits its utilization permission with regard to some aspects. The customer particularly must not use Microsoft products which require additional or other licenses according to SPUR or EULT. The customer is obligated to comply with all these provisions on his own and is liable for violations against this usage policy to the provider and Microsoft.

Alteration of contract

The provider has the right to change the subject terms of this contract as long as the changes are reasonable, taking into account the interests of the provider. The agreement of the customer shall be given if he does not dissent within 4 weeks after receipt of the message informing him about the change.

Final provisions

  1. All communications by the provider may be sent to the customer by electronic means. This also applies to invoices sent for services provided under the agreement.

  2. The customer may only set off claims against the provider if such claims are established as undisputed or legally binding.

  3. The provider is authorized to list the customer as a reference-customer without being obliged to pay a refund.

  4. All prices quoted are not binding unless they are confirmed contractually. Errors and omissions in our prices excepted.


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Oxtrys Data Centers