1. General Provisions
1.1 These Terms and Conditions (T&C) apply to all hosting contracts between Welp-IT, represented by Winston Nau, (hereinafter referred to as "Provider") and its clients (hereinafter referred to as "Client").
1.2 Deviating terms of the Client are not accepted unless the Provider explicitly agrees to them in writing.
1.3 The Provider reserves the right to amend these T&C at any time. Changes apply only to future contracts and will be communicated to the Client in due time.
2. Scope of Services
2.1 The Provider supplies the Client with storage space and technical infrastructure to operate websites and applications on a server (website hosting and server hosting).
2.2 The specific scope of services is defined in the respective contract or offer.
3. Provider's Services
3.1 The Provider supplies the server infrastructure, including necessary hardware and software, as well as internet connectivity for operations.
3.2 The Provider endeavors to ensure 99% availability of hosting services on an annual average, excluding announced maintenance work and outages due to force majeure.
3.3 The Provider offers regular security updates and backups, if specified in the contract. However, the Client is also responsible for securing their own data.
4. Obligations and Cooperation Duties of the Client
4.1 The Client agrees not to upload or provide content that violates legal provisions or infringes on third-party rights, particularly copyright, trademark, or personal rights.
4.2 The Client is responsible for the security of their access data and must ensure unauthorized third parties cannot access this data.
4.3 The Client agrees not to run any programs or scripts on the servers that could compromise the server’s operations or security.
4.4 The Client is obliged to regularly back up their data, unless this service is provided by the Provider.
5. Availability and Maintenance Work
5.1 The Provider guarantees 99% annual average availability. Planned maintenance work will be announced at least 24 hours in advance and carried out during off-peak times whenever possible.
5.2 The Provider assumes no liability for outages caused by third parties (e.g., network operators) or due to force majeure.
5.3 In the event of unplanned server outages or technical issues, the Provider will resolve them as quickly as possible.
6. Fees and Payment Terms
6.1 Fees are due on a monthly or annual basis according to the agreed tariff. Prices are specified in the offer or contract.
6.2 Payment is due at the beginning of the billing period without deduction. In the case of late payment, the Provider is entitled to charge default interest in accordance with statutory provisions.
6.3 The Provider reserves the right to adjust prices. Price changes will be communicated to the Client at least 30 days in advance.
7. Termination and Contract Duration
7.1 The minimum contract term is 12 months unless otherwise agreed. The contract is automatically renewed for another 12 months unless either party terminates it with 30 days’ notice at the end of the current term.
7.2 The Provider may terminate the contract without notice if the Client violates legal provisions or these T&C and fails to rectify the violation after receiving a warning.
7.3 Upon termination, the Client has no right to claim the Provider's software or infrastructure.
8. Liability and Limitation of Liability
8.1 The Provider is only liable for intent and gross negligence. In cases of simple negligence, the Provider is only liable for the violation of essential contractual obligations.
8.2 The Provider is not liable for lost profits, data loss, or other consequential damages unless the damage results from intent or gross negligence.
8.3 The Provider assumes no liability for data loss or damage caused by the Client, third-party software, or external attacks.
9. Data Security and Data Protection
9.1 The Provider is committed to complying with applicable data protection laws and will process the Client's personal data only as necessary for contract fulfillment.
9.2 The Provider will implement technical and organizational measures to protect the Client's data from unauthorized access. However, the Client is also responsible for securing and protecting their data.
10. Error Resolution and Bug Fixing
10.1 The Provider will analyze and resolve hosting service errors reported by the Client as quickly as possible.
10.2 Errors caused by improper server use or client-provided software may be billed based on actual effort.
10.3 The Provider assumes no warranty for third-party software or client-installed applications. Assistance with troubleshooting is provided upon request and billed separately.
11. Copyrights and Usage Rights
11.1 The Client receives a simple, non-transferable right to use the services and systems provided by the Provider for the duration of the contract.
11.2 Content and materials provided by the Client within the scope of hosting may be used by the Provider to fulfill the contract but remain the Client's property.
12. Final Provisions
12.1 Amendments or additions to these T&C must be made in writing. Oral side agreements do not exist.
12.2 Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties agree to replace the invalid provision with one that is economically equivalent.
12.3 The place of jurisdiction is the Provider’s registered office, where legally permissible. German law applies.