General Terms and Conditions of
EUNETIC GmbH, Draisstr. 1, 76448 Durmersheim, HRB No. 522489 (Mannheim)
Valid from 01.10.2026

1. Terms of Contract

1.1 The company EUNETIC GmbH (hereinafter referred to as "provider") provides its services exclusively on the basis of these General Terms and Conditions. Any deviating purchasing or other terms and conditions of the contracting party (hereinafter referred to as "customer") are hereby expressly rejected.

2. Conclusion of the Contract

2.1 By placing an order, the customer makes a binding offer to conclude a contract for the services ordered. The customer shall be bound by this offer for a period of three weeks from receipt by the provider.

2.2 The contract is concluded if the provider accepts the offer within this period in text form, makes the ordered service available, or commences actual performance of the service.

2.3 Offers made by the provider are non-binding and subject to change unless expressly designated as binding. The provider may make the conclusion of the contract conditional, in particular, upon an appropriate advance payment, the provision of required evidence or – where there is a justified commercial interest – the provision of appropriate security.

3. Termination

3.1 For services provided for an indefinite period, the respective contract shall specify the commencement date and any agreed minimum contract term.

3.2 Unless otherwise agreed in the contract, the contractual relationship may be terminated after the end of any agreed minimum term with one month's notice to the end of the respective contract term. Different notice periods may apply to special or promotional offers, particularly in the case of annual billing, provided that such periods are specified on the provider's website or in the offer. The right to extraordinary termination for good cause remains unaffected.

3.3 Terminations must be made in text form (e.g., by email).

4. Scope of Services and Provider Obligations

4.1 The provider shall grant the customer access to its existing infrastructure, provide server storage space, value-added services, and maintain and manage data processing systems and communication infrastructure. The specific scope of services shall be as set out in the main contract.

4.2 Any additional services provided free of charge by the provider outside of the contractual agreement may be discontinued at any time. This shall not give rise to any claim for reduction, compensation, or termination on the part of the customer.

4.3 The provider is entitled to technically or functionally develop, modify, supplement or replace individual components of the agreed services where this is necessary or appropriate, in particular due to technical developments, security requirements, changes in legal or regulatory requirements, changes to upstream services or third-party services used, or in order to maintain or improve secure and economically viable operation.

Such changes are permitted provided that they do not materially impair the agreed primary function of the respective service and are reasonable for the customer, taking into account the interests of both parties.

4.4 The provider shall inform the customer of material changes pursuant to Section 4.3 within a reasonable period before their implementation, in text form or via an electronic communication channel provided for this purpose. Prior notification is not required where a change must be implemented at short notice for security reasons, due to mandatory legal or regulatory requirements, or for other urgent technical reasons.

4.5 Where a specific data transfer or traffic volume has been agreed for a tariff or service, the applicable volume shall be specified in the relevant offer, tariff or service description.

If the customer repeatedly or continuously exceeds the agreed volume to a material extent, the provider shall inform the customer and offer to move the customer to an appropriate tariff or to extend the agreed scope of service.

If the customer does not accept such offer, the provider is entitled to charge separately for usage exceeding the agreed volume in accordance with the conditions applicable to the respective service and communicated to the customer. The provider shall inform the customer of the applicable conditions before such additional charging begins.

Exceeding the agreed volume shall not automatically result in suspension of the service. However, in the event of repeated or material excess usage and where no agreement on an adjustment of the scope of service can be reached, the provider reserves the right to restrict further use to the contractually agreed scope, provided that this is technically feasible and reasonable for the customer.

5. Customer Obligations

5.1 The customer is obligated to use the provider's services properly. In particular, the customer shall:

a) promptly inform the provider of any changes relevant to the contractual relationship;

b) refrain from misusing access to the provider's services and from engaging in unlawful or illegal activities. In particular, the customer is prohibited from:

• • using services of other participants in the provider's services without authorization;
  • using services not agreed under the contract without authorization, or decrypting, reading or modifying passwords, emails, files or similar data belonging to other participants or the system operator;
  • distributing individual applications of licensed application software via the provider's services without authorization;
  • interrupting or blocking communication services, including through excessive load, insofar as this is attributable to the customer;
  • distributing or making available unlawful content of any kind, in particular pornographic content, content glorifying violence, or content directed against the free democratic basic order or the concept of international understanding, including National Socialist or terrorist content and propaganda material or symbols of unconstitutional parties, organisations or their successor organisations;
  • obtaining for itself or third parties pornographic content depicting the sexual abuse of children or other persons protected by law.

In the event of a breach, the customer shall reimburse the provider for any material or personnel costs and expenses incurred.

c) comply with all applicable laws and regulatory requirements;

d) comply with data protection laws and recognized principles of IT security;

e) promptly report any faults or damages and assist in their resolution;

f) bear the cost of fault diagnosis where the issue is attributable to the customer.

5.2 If the customer violates the obligations under Sections 5.1(b) or 5.1(c), the provider may terminate the contract without notice. In all other cases (excluding 5.1(f)), termination may occur after a formal warning has been issued.

5.3 The interaction between users may be regulated by a user policy.

5.4 In cases under Section 5.1(c), the provider may block access to services with immediate effect.

6. Use by Third Parties

6.1 Third parties may use the provider's services directly or indirectly. The customer may use, resell, or sublet services, provided that any third party is properly instructed in their use. The customer shall be liable for third-party compliance as if they were their own.

6.2 The customer shall be responsible for any charges incurred by third parties using the access and usage options provided to the customer. The same applies to unauthorized use, unless the customer proves that such use occurred without their fault, e.g., through circumvention of the provider's security measures.

7. Remuneration and Payment Terms

7.1 The provider shall invoice the customer for the agreed services at the prices and conditions agreed at the time the contract is concluded, plus the applicable statutory value added tax, unless expressly agreed otherwise.

In the case of continuing contractual relationships, the provider is entitled to adjust the agreed prices if and to the extent that costs relevant to the provision of the service change after conclusion of the contract. Such costs include, in particular, costs for data centres, energy, network and telecommunications services, software and licence costs, upstream third-party services, certification or registration authorities, personnel, as well as taxes, levies or other charges imposed by public authorities.

A price adjustment may only be made to the extent that the overall costs relevant to the respective service have changed; reductions in costs shall be taken into account appropriately.

The provider shall inform the customer of any price increase in text form at least six weeks before it takes effect. The customer is entitled to terminate the service affected by the price increase with effect from the date on which the price increase takes effect. The provider shall inform the customer of this right of termination when notifying the customer of the price increase.

This right of termination shall not apply where a price adjustment results exclusively from a change in statutory value added tax or a comparable charge directly imposed by law.

7.2 If the fee is due for only part of a month, it shall be calculated at 1/30 of the monthly fee per day.

7.3 Invoices shall be sent by email. If the customer requests postal delivery, the provider may charge a handling fee of EUR 2.50 per invoice.

7.4 Payment shall be due upon receipt of the invoice without deduction and shall be payable within ten days, unless otherwise agreed.

In the event of default in payment, the statutory default interest rates shall apply. The default interest rate shall be five percentage points above the applicable base rate in transactions involving consumers and nine percentage points above the applicable base rate for payment claims arising from transactions in which no consumer is involved.

Where the statutory requirements are met, the provider may additionally claim the statutory default payment lump sum from a customer who is not a consumer.

The provider reserves the right to claim any further damages caused by the delay in payment.

7.5 The provider may terminate the contractual relationship for good cause without notice or, in accordance with the applicable statutory requirements, withhold or suspend the services to be provided by the provider if the customer is in default with all or part of the amounts due for more than one month and the provider has previously requested payment within a reasonable period and informed the customer of the possible consequences of termination and suspension of services.

7.6 The provider reserves the right to assert further legal claims.

8. Set-off, Retention, and Disruption

8.1 The customer may only offset claims that are undisputed or legally established. A right of retention may only be asserted based on claims from the same contractual relationship.

8.2 Claims for damages and claims for reimbursement of wasted expenditure shall be governed exclusively by the liability provisions set out in Section 11.

8.3 A specific minimum level of availability shall only be owed where expressly agreed for the respective service in the main contract, service description, tariff or a separate service level agreement.

When calculating an agreed level of availability, periods during which the service is unavailable due to announced or technically necessary maintenance, security or update measures, force majeure, disruptions outside the provider's area of responsibility, disruptions to telecommunications networks or upstream third-party services, or circumstances attributable to the customer shall, to the extent permitted by law, not be taken into account.

The customer's statutory rights in the event of service disruptions for which the provider is responsible shall remain unaffected.

8.4 No reduction shall apply for disruptions outside the provider’s control or due to necessary maintenance under Section 9.

9. Availability of Services

9.1 Where appropriate having regard to the nature and purpose of the respective service, the services shall generally be made available for continuous use. Continuous or uninterrupted availability shall only be owed where expressly agreed.

The provider is entitled to temporarily interrupt operations in order to carry out maintenance, security, update or other technically necessary measures. Planned interruptions shall be announced in advance where reasonable in view of their nature and extent.

The provider shall address disruptions for which it is responsible within a reasonable period and within the scope of the existing technical and operational possibilities.

9.2 A specific time or maintenance window shall only be owed where expressly agreed.

10. Data Protection

10.1 The provider processes personal data in accordance with the applicable data protection laws.

Information regarding the processing of personal data by the provider acting as controller is set out in the provider's current privacy policy.

Where the provider processes personal data on behalf of the customer and the applicable legal requirements are met, the parties shall enter into a data processing agreement in accordance with Article 28 GDPR.

The privacy policy serves to fulfil statutory information obligations and shall not become part of the service contract between the provider and the customer solely by virtue of being made available.

11. Liability and Limitations of Liability

11.1 The provider shall be liable for damages – regardless of the legal basis – only in cases of fault and as follows:

• In cases of intent or the assumption of a guarantee or procurement risk, liability is unlimited.
• In cases of gross negligence, liability is limited to typical, foreseeable damages.
• In cases of simple negligence, liability applies only for breaches of essential contractual obligations (cardinal duties) and is limited to typical, foreseeable damages.
  

For simple negligence, further limitations apply:

• For ongoing services: limited to 24 times the monthly fee for the affected service.
• For one-time services: limited to four times the agreed fee.

11.2 Liability for injury to life, body, or health and under the Product Liability Act remains unaffected.

11.3 The provider is liable for data recovery only if the customer has ensured that the data can be reconstructed from machine-readable backups with reasonable effort. This exclusion does not apply in cases of intent or gross negligence.

11.4 The provider reserves the right to assert contributory negligence on the part of the customer.

11.5 Claims for damages or reimbursement of wasted expenditure shall become time-barred one year after commencement of the statutory limitation period, unless they are based on an intentional or grossly negligent breach of duty, fraudulent conduct, or injury to life, body or health. Section 199(3) of the German Civil Code (BGB) shall remain unaffected.

12. Switching and Data Portability for Data Processing Services

12.1 Where a service provided by the provider constitutes a data processing service within the meaning of Regulation (EU) 2023/2854 ("Data Act"), the statutory provisions governing switching and data portability as well as the product-specific conditions governing switching and data export shall apply in addition.

12.2 Details regarding the switching process, applicable time periods, exportable data and digital assets, available export formats, data retrieval and deletion and, where applicable, permissible switching charges shall be set out in the applicable service description or in the conditions for switching and data export provided by the provider for the respective service.

12.3 The provider shall support switching and the transfer of exportable data to the extent required by applicable law. Mandatory rights of the customer under the Data Act shall remain unaffected.

13. Final Provisions

13.1 The place of performance for all contractual services shall be the registered office of the provider in Durmersheim, Federal Republic of Germany.

13.2 Contracts concluded on the basis of these General Terms and Conditions shall be governed exclusively by the laws of the Federal Republic of Germany.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

13.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be the registered office of the provider.

The provider shall additionally be entitled to bring proceedings against the customer at the customer's general place of jurisdiction.

The same shall apply where a jurisdiction agreement is permissible for other reasons under the applicable statutory provisions.

13.4 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

13.5 This English version of the General Terms and Conditions is provided for convenience and informational purposes only. In the event of any discrepancy or inconsistency between the German and English versions, the German version shall prevail and be legally binding.