1. General - Scope
1.1 The following terms and conditions apply to all business relations between the customer and rotcloud (c/o Urospace GmbH), hereinafter referred to as "us". Whichever is applicable at the time of concluding the contract valid version.
1.2 Differing, conflicting or additional terms and conditions of the customer, even if known, will not be part of the contract unless their validity is expressly agreed.
2. Conclusion of contract
2.1 Our offers are non-binding. Technical and other changes reserved within reason.
2.2 By placing an order the customer makes a binding offer of contract. We will confirm receipt of the order immediately. This confirmation does not constitue a binding acceptance of the order. The confirmation can be combined with the declaration of acceptance.
2.3 We are entitledto accept the contractual offer in the order within 5 working days of receipt. But we are also entitled to refuse to accept the order after examining the creditworthiness of the customer.
3.1 Insofar as the subject of the contract is the registration of domain names, we conduct the procurement of the required domain. The customer can only expect, if this is confirmed by us actual allocation of the domain name. We have no control over the domain allocation. Any liability and warranty for the actual allocation of the ordered domain name is therefore excluded.
3.2 We guarantee for the infrastructure of our computer network availability of 99% for the year. Is the security of the operation or maintenance of network integrity compromised, we may temporarily restrict access to the services as required.
3.3 Besides the services offered are those applicable the momentaneous order listing information, the order and the applicable monthly special offers.
3.4 Technical support services are not included in the offers. If these are desired and claimed, they will be chareged separately. The applicable rates are available upon request.
3.5 If no separate contractual agreement is made shall apply for rotcloud products, the features described at the time the contract is concluded on the homepage. This includes all under https://www.rotcloud.com and all Subpages described products as well as service descriptions.
4. Data Security
4.1 If data is sent to us, the customer produces security backups. In the event of data loss occurs, the customer is obliged, free of charge to forward the respective databases to us again.
4.2 The customer is obliged to perform a full backup before each own or commissioned change.
4.3 The customer gets to use his range a username and a password. He is obliged to treat it as confidential and shall be liable for any misuse resulting from unauthorized use of the password. If the customer becomes aware that the password is known from unauthorized third parties, he has to inform us without delay. If it's the customers fault that third parties receive services from us with the password, the customer will be liable for all user fees and damages. When in doubt, the customer has therefore the possibility to request a new password which we will send to the customer then.
5.1 Our privacy practices are in accordance with the German Federal Data Proctection Act (BDSG) ant the Telemedia Act (TMG).
5.2 Personal data of the customer is only collected and used where they are necessary for the establishment, content or change of status. The customer agrees to always keep these data up to date in his online administration area.
5.3 We use the customer's e-mail address only for information letters to orders, invoices and if the customer does not object, for customer care and, if requested by the customer, for personalized newsletters.
5.4 We do not share personal customer information with third parties. Excluded are service partners, to the extent necessary for calculation of payment and the billing of the customer.
5.5 The customer has a right to know and a right to correction, blocking and deletion of stored data. If deletion is contrary to legal or contractual obligations or other legal reasons, the data is locked.
6. Published content
6.1 The customer undertakes not to publish content that may violate the rights of third parties or otherwise violate the law. The placement of extremist or offending against good taste is not permitted. We are entitled to block the access of the customer in the event that he violates this. The same applies in the event that the customer publishes content that is likely to injure a third party in the honor, to insult people or groups or vilify. This also applies in the event that an actual legal claim should not be given. We are not obliged to check the contents of our customers.
6.2 The sending of span mails is prohibited. This includes in particular the sending of illegal, unsolicited advertising to third parties. When sending e-mails, it is forbidden to provide false sender information or the conceal the identity of the sender by other means. Failure to do we have the right to deny access or to make a payment of € 1,000.00 per violation claims.
7.1 For direct damages, consequential damages or lost profits due to technical problems and faults within the Internet that are not under our control, we assume no liability.
7.2 With regard to companies, we are not liable for slighty negligent breach of minor contractual obligations. This does not apply in all cases of personal injury and in accordance with the Product Liability Act.
For indirect or consequential damages or for loss of profit, we are liable to entrepreneurs only for intent and gross negligence. In this case our liability is limited to typical foreseeable damage, max. to 100% of the annual fee.
7.3 If the customer with the content of its web site to those mentioned in paragraph 6 of duties, especially against legal probitions or morality, he is liable to us to recover any resulting direct and indirect damages, including propoertiy damage. In addition, the customer is obliged to excuse us from third-party claims of any kiind resulting from the illegality of questions in the internet content. The indemnification obligation includes the obligation for all legal defense costs (eg court costs and attorney feeds) in full.
8. Terms of Payment
8.1 Valid are the current prices which are always visible under https://www.rotcloud.de.
8.2 Depending on the contractual agreement, a monthly, quarterly, semi-annual, annual or two-yearly billing. Payment will be made, unless otherwise agreed by invoicing. All fees are due immetiately upon receipt of the invoice.
8.3 In case of exceeding of any powers under the bill payment deadlines, we are entitled without warning to charge interest. Is it the customer is a consumer, the amount of interest charged will be 5 percentage points above the base rate. Is it the customer is an entrepreneur, the amount of interest charged will be 8 percentage points above the base rate.
8.4 We are also entitled to terminate the customer's cloud-space in case of default, and all other functions.
8.5 The acceptance of checks, bills of exchange, Bitcoins and other crypto currencies is only for processing.
8.6 Invoices are sent via e-mail as an attachment. To receive invoices by mail, we are entitled to charge a reasonable administration fee. The retroactive accounting change, which is not due to the fault of our existence, we are entitled to charge a reasonable administration fee.
9. Duration of contract / cancellation / place
9.1 Unless otherwise agreed by contract, the contracts are concluded for an unlimited period.
9.2 Unless otherwise agreed in the contract, the contract is cancellable from both sides each within a time of 90 days to the end of the month, without giving a reason, but not before the expiry of the agreed minimum contract period. A cancellation can only be done in writing by letter, fax or via the secure online administration area, provided this option available.
9.3 We are also entitled to terminate the contract for cause without notice. An important reason is, inter alia, if the customer is located for two consecutive month with the payment of a significant proportion compensation in default. An important reason, among others, be that the customer violates or ignores warnings against the requirements of section 6. Another important reason which can result in the suspension or immediate termination, occurs when the customer uses content that could affect the normal operation or the security of the server.
9.4 The place of performance for all obligations of this contract is Coburg. Jurisdiction for all disputes arising from this contract is the locally competent court for Coburg, unless the customer is a merchant, legal entity under public law or public law special fund. The same applies if the customer has no general jurisdiction in Germany or whose domicile or habitual residence at the time of action are not known. We are also entitled to sue at the customer's location.
9.5 If the customer intends to transfer its contractual rights to another person, he requires our consent. A transfer of contractual rights can only be made in writing by letter, fax or via the secure online administration area, provided this option is available. For a transfer by letter or fax, the previous and new contractor has to sign them.
10. Rules for reseller
10.1 The customer is entitled to grant a third party a contractual right to use our care for his cloud-space. In this case, the customer will still be the sole contractor. He is obliged to all such terms, arising from the Terms and Conditions as well as our order forms, contractual forward to the third party to commit these to abide by these terms. This also applies to the obligation under article 1.3 of these General Terms and Conditions.
10.2 If the third party is required for changes regarding the participation acts, the customer is contractually intra sure that this cooperation obligations are met. The customer will provide us upon request's address and contact person of third parties. We are entitled, in the event of changes, to directly to contact the third party in order to request a written agreement to the changes.
10.3 Contravenes the third party against contractual obligations, he does not fulfill obligations to cooperate or otherwise arisinig problems to the granting of rights to third parties, the customer shall be liable to us for any resulting damage. In addition, we are exempt from liability for all claims which may arise from third parties and others to us.
You can revoke your contract within two weeks without giving reasons in writing (eg by letter, fax, e-mail). The time limit begins after receipt of this instruction in text form, however not prior to closing and not before fulfilling our information obligations according to § 312c Abs. 2 BGB in connection with §1 para. 1.2 and 4 BGB Information Regulations, as well as our obligations according to § 312 para. 1 sentence 1 BGB in connection with § 3 BGB Information Regulations. In order to observe the revocation period is sufficient to send the revocation. The revocation must be sent to rotcloud.de c/o Urospace GmbH, Rosenauer Str. 100, DE 96450 Coburg.
11.2 Consequences of revocation
In case of an effective cancellation the mutually received benefits are to be returned. Your right of cancellation expires prematurely if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right of revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your contract termination, for us with their reception.
12. Queries and complaints
Queries and complaints should be addressed to rotcloud.de c/o Urospace GmbH, Rosenauer Str. 100, DE 96450 Coburg.
Rückfragen und Beanstandungen sind an rotcloud.de c/o Urospace GmbH , Rosenauer Str. 100, 96450 Coburg zu richten.