General Terms and Conditions of
EUNETIC GmbH, Draisstr. 1, 76448 Durmersheim, HRB No. 522489 (Mannheim)
Valid from 16.05.2025

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 submitting an order electronically, the customer makes a binding offer to conclude a contract with the provider. The customer shall be bound by this offer for a period of three weeks from the date the provider receives the order.

2.2 The contract is concluded if the provider confirms acceptance of the order in writing within the period stated in Section 2.1 or begins to provide the services.

2.3 The provider's offers are always non-binding and subject to change. The provider may make the conclusion of the contract conditional upon the submission of a written power of attorney, an advance payment, or a guarantee from a German or internationally recognized credit institution.

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 may modify, reduce, or supplement the contractual services and may suspend access to individual services, provided this does not significantly affect the fulfillment of the contract's purpose.

4.4 Customers shall be notified in advance of any changes pursuant to Section 4.3.

4.5 The provider's tariffs include a defined data transfer volume as specified at the time of ordering. If the provider determines that the customer's data transfer volume has exceeded the agreed volume by more than 10% for several consecutive months, the provider shall inform the customer and offer an upgraded contract. If the customer declines, the excess data transfer shall be invoiced separately.

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 misuse of the provider's services and from any unlawful conduct, especially:

• • unauthorized use of other participants' services;
    
  • unauthorized access to services or attempts to access or manipulate third-party passwords, emails, files, or similar data;
    
  • unauthorized distribution of licensed software;
    
  • intentional disruption or overloading of services;
    
  • dissemination of illegal content, in particular content that is pornographic, glorifies violence, is extremist, or violates human dignity, including content promoting or associated with unconstitutional organizations.
    

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 Unless otherwise agreed, services shall be invoiced at the applicable rates plus statutory VAT (currently 19%). Fixed fees shall be invoiced monthly in advance; usage-based fees shall be invoiced at the beginning of the following month.

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 is due upon receipt of the invoice and must be made within 10 days. Payments must be made to the provider’s designated accounts unless a direct debit authorization has been given. In the event of default, the provider may charge interest of 9% above the base rate pursuant to Section 247 BGB, or 5% for consumers, and may charge a EUR 5.00 fee per reminder. Higher damages may be claimed if proven. The customer may prove lesser damages.

7.5 The provider may terminate the contract without notice or exercise a right of retention – e.g., by suspending domain access or server connectivity – if the customer is in arrears for more than one month and has been warned with a deadline and notice of consequences.

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 due to delivery or service disruptions are excluded unless caused by intent or gross negligence.

8.3 If the average annual availability falls below 99%, the customer may reduce monthly fees proportionally from the occurrence until resolution. A significant disruption exists if:

a) the customer, through no fault of their own, cannot access the services;

b) the contractual use is materially impaired or impossible.

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 Services are generally available 24/7. Maintenance interruptions shall be announced in advance. Faults will be resolved promptly and, where possible, during off-peak hours.

9.2 No fixed maintenance times are agreed.

10. Data Protection

10.1 Personal data will be collected, processed, and used as required to perform the contract, in accordance with applicable data protection laws. Details are set out in the provider’s privacy policy available at: https://www.eunetic.com/en/p/privacy-policy.

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 expenses are subject to a one-year limitation period unless based on intent, gross negligence, fraud, or injury to life, body, or health. The period begins at year-end in which the claim arises and the claimant becomes aware of the relevant facts and the debtor’s identity, or should have become aware without gross negligence. Section 199(3) BGB remains unaffected.

12. Final Provisions

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

12.2 Contracts concluded on the basis of these General Terms and Conditions are 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.

12.3 For contracts with merchants, the place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of the provider. The same applies to legal entities under public law or special funds under public law. The provider is also entitled to take legal action at the customer’s place of business.

12.4 The provider does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.

12.5 This English version of the General Terms and Conditions is provided for informational purposes only. The German version shall be legally binding.