Terms and Conditions
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1. Contract
This Agreement governs from the business relationship between the provider and the Contractor including the rights and obligations of the parties.
2. Services
a. The provider provides room, reserved spaces ("Footprints") with or without racks or individual rack units for co-location for the purpose of installing telecommunications equipment in a computer center, and the connection to the worldwide Internet. Additional services include field position of web hosting, domain registrations, rental and web hosting
b. The data center has, among other things, the following features:
i. Access control
ii. Raised floor
iii. Intergen extinguishing system (in Düsseldorf)
iv. Air conditioning
v. Uninterruptible power supply with generator
vi. Network Monitoring 24 / 7 / 365
c. The provider guarantees availability of the connection of 99.5% on average. The guaranteed availability refers to the connections within the backbone of the provider.
3. Obligations of the Contractor
a. When using the services provided by the provider, the contractor is responsible for any actions which violate laws or violate the rights of third parties. Services are to be used only as provided by the provider and any actions which could jeopardize the operations of the provider are not permitted.
b. To the extent that the contractor requires for its business purpose, any governmental or other public law approvals, the contractor is to get said approvals and at its own expense.
c. Should the contractor fail to live up to the obligations under 3a and 3b, the provider reserves the right to terminate the contract without notice within a period of 14 days.
d. Contractor is liable for all damages resulting from improper or negligent maintenance and support of data center hardware set. Contractor is also liable for the contents of the data center housed telecommunications equipment. Exempt from liability damages that are out by a careless or improper maintenance and support from the provider.
e. The contractor will indemnify the provider from all liability to third parties, which are based on the use of the Provider services by the contractor, third party rights or laws violated.
4. Connection / Access to the Data Center
a. The contractors own telecommunications system be placed in the data center and connected by means of uplink according to the contract terms to the Internet.
b. Access to the data center is by permission, accompanied by a technician at any time by prior arrangement. The access non-business hours (Mon-Fri, 09:00 clock - 18.00 clock) and weekends at least 1 hour advance notice and is intended for maintenance and restoration work after system failures. The setting of server and all other tasks must be performed during business hours, so far these are planned and carried out in a reasonable manner. Work must be carried out from such access for reasons outside of business hours should be at least 24 hours in advance, be notified in writing or by telephone.
5. Conditions / Maturities
a. Sevices provided by the provider to the contractor are based on specific payments set forth in Appendix 1. The one-time deployment and installation costs are due at the first monthly bill.
b. The monthly rent is defined in Appendix 1 and is in advance on the first working day of a month.
c. All prices are exclusive of VAT (currently 19 %).
6. Term and Termination
a. The contract period begins on the date of initial installation.
b. The contract period is 1 each month with a notice period of 14 days, to the extent otherwise stated in the offer.
c. Regardless of the contractual term is open to all parties an extraordinary right of termination, due to breaches of key points of the contract by either party.
7. Liability
a. For all damage caused by it or its agents intentionally, the provider will accept unlimited liability.
b. For financial losses of the party, which the provider of its agents caused by negligence, the provider shall be liable up to an amount of 12,500 Euro per event. If the final user of the contractor because of a negligent act or omission by the Provider or its agents be added to financial losses, the provider is also liable to a sum of 12,500 Euro per end customer of the contractor. Compared to all injured, the liability of the provider is limited to 1 million Euro are rendered. Exceed the compensation paid to round up more of the same event are to be made, the maximum limit, the amount of damages reduced in proportion to the total of all claims for damages to the maximum.
c. Moreover, the provider shall be liable for damages from the provider, his legal representatives or executives caused by gross negligence, without limit. If such damage by the provider, caused his legal representatives or executives negligently, the provider is only liable for the breach of contractual obligations (cardinal obligations), their liability is limited to typical foreseeable damage.
d. Subject to the provisions of paragraphs 7.1 and 7.2, the provider shall be liable to agents that do not belong to his legal representatives or executives, only if they violate a contractual obligation (cardinal obligation). In this case, liability is limited by the provider au typical contractual foreseeable damage.
e. Moreover, the liability of the provider - are excluded on whatever legal grounds.
f. Liability under the Product Liability Act and other mandatory statutory regulations remains unaffected by the above regulations.
g. The contractor agrees to provide insurance against negligence caused by him assets, property and personal damage to the facilities of the provider, as well as complete systems of third parties. The coverage has to be at least 1 million Euro.
h. It is for the contractor, a property insurance for his own, complete in the data center installations contributed.
8. Miscellaneous
a. Performance is 40549 Düsseldorf, Germany. The exclusive jurisdiction for all claims arising from or under this contract, including checks and bills and all the parties resulting disputes over the formation, the settlement or termination of the contract - if the customer is a merchant, legal entity under public law or public -law property is - 40549 Düsseldorf. This agreement is governed exclusively by the laws of the Federal Republic of Germany.
b. If any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining provisions. In lieu of the invalid provision of an agreement for the purpose of appropriate or at least close substitute provision that would have agreed upon to achieve the same economic result if they had known about the invalidity of the provision. The same applies to the case of the incompleteness of the rules accordingly.
c. All agreements must be in writing.
As of 01.07.2010
