These General Terms and Conditions (GTC) apply to business relations of Nodion GmbH, Königstraße 27, 70173 Stuttgart, Germany, e-mail: email@example.com, tel.: +49 (0) 711 252 962 00 (hereinafter: “we” / “us”) with its customers (“you”).
1.1 We conclude contracts with entrepreneurs and consumers. If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), these GTC shall also apply to future contracts of the same type, even if we have not referred to them again separately. 1.2 Any conflicting, supplementary or deviating GTC of the customer shall not apply, even if we do not separately object in the individual case.
2.1 A booking of services is subject to prior registration for a user account on our website.
2.2 You can book our services by logging into your user account, selecting the desired services and going through the booking process. Until the order is completed, you can change your selection at any time using the buttons provided. By clicking on “Place an order subject to payment” you are making a binding offer to conclude a contract for the services that you have selected. We will confirm receipt of the booking immediately by e-mail. We can accept your offer within three days by means of a corresponding statement or activation of the booked services. After expiry of the aforementioned period, you will no longer be bound by your offer.
2.3 Entrepreneurs may order our services via an interface we have made available. For this, a prior activation in the user account is required. In case of a booking via the interface, the price is based on the price list visible in the user account at the time of the booking. If an order has been placed, we will immediately confirm its receipt to you via e-mail.
2.4 In order to avoid outages due to overload, we offer entrepreneurs the option of automatically adjusting the booked scope of services in the event of spikes in demand (e.g., increased access by users to the content hosted by us) (“autoscaling”). If you activate autoscaling in your user account, you should be aware that the costs are based on the services you have configured or, if you have not configured them yourself, based on the services actually provided by us, taking into account the technical requirements. Please consider in advance whether or not you want to take the associated calculatory risks.
2.5 After conclusion of the contract, the text of the contract is not stored by us and is therefore not accessible to the customer. You can archive the data of your order and the GTC by saving or printing the GTC and the data summarised in the last order step.
2.6 We conclude contracts in German and English.
3.1 The content of the service results from the service description and any ancillary agreements. We will provide you with services you booked (“Services”) immediately after conclusion of the contract.
3.2 We are offering our services in Europe. Subject to a separate agreement, availability in other regions is not owed. In particular, local legal requirements or restrictions may exist that render our services unavailable in certain regions.
3.3 For the duration of the contract, we will provide you with the contractually agreed upon software applications, databases and storage solutions on servers managed by us.
3.4 For hosting services provided by us, we strive to ensure an availability of at least 99.9% on an annual average. Excluded from this shall be any unavailability due to technical or other problems beyond our control (e.g., force majeure). If this is not possible in individual cases, we will refund the fee for the duration of the unavailability, insofar as it exceeds 99.9% on an annual average, with the next statement.
3.5 Should you require guaranteed availability, please contact us for a supplementary agreement in this regard.
3.6 For purposes of maintaining our servers, for troubleshooting, and for customising our services, it may be necessary to restrict access to our services for a short period of time. In the event of scheduled maintenance work, we will inform you two days in advance of this circumstance as well as the duration of the anticipated restrictions. In this context, we strive to keep the disruptions for you as minimal as possible.
3.7 Unless otherwise agreed upon, we conclude contracts for an indefinite period of time.
4.1 Consumers have a statutory right of withdrawal. You can access the right of withdrawal notice, including the model right of withdrawal form, by clicking on the following link: Cancellation Policy.
4.2 In case of a contract for the provision of services, an existing right of withdrawal shall also expire if we have provided the service in full and have only started to perform the service after you have given your express consent to this and at the same time confirmed being aware that you lose your right of withdrawal upon complete performance of the contract by us.
5.1 Prices are final prices and include the statutory value added tax. For entrepreneurs, if they are logged into their user account, we show net prices to which the statutory VAT must be added.
5.2 Booked services are invoiced for the past month on the first of the following month and are due upon receipt of the invoice. If a service is only booked on a pro rata basis in a given month, it is billed accurate to the second on the basis of the actual booking.
5.3 Para. 2 notwithstanding, we shall be entitled to issue an interim invoice if the customer’s invoice amount exceeds €150.00.
5.4 We issue invoices in electronic form by e-mail.
5.5 We are offering the following payment methods: SEPA direct debit, PayPal, credit card, payment on account. We do not charge you extra for any payment method.
5.6 In the event of late payment, we will charge you the statutory interest on arrears as well as any fees incurred for chargebacks.
5.7 If you are in arrears with a payment, we shall be entitled to refuse to provide further services if we have threatened to discontinue the services with a period of notice of 14 days. In this case, you shall be obliged to continue paying the agreed upon fees.
6.1 You may cancel booked services in your user account at any time. In this case, we will charge you the pro-rata usage fee for the period you have booked, accurate to the second.
6.2 We shall be entitled to give ordinary notice of termination with a period of notice of 14 days to the end of the month.
6.3 The right of either party to termination for cause shall remain unaffected.
6.4 You may delete your customer account at any time using the respective button.
7.1 When registering for a user account, you are required to provide truthful information. You are required to notify us of any changes promptly, but no later than within 14 days, via the customer account or in writing. In case of doubt, we shall be entitled to request proof from you regarding the accuracy of the data provided.
7.2 You shall be required to keep the access data to your user account confidential and to not disclose it to third parties. If you suspect that third parties have gained access to your user account or that there are other security gaps, please let us know immediately.
7.3 You yourself shall be responsible for creating backup copies of stored data outside our systems on your own storage media. Especially prior to making any changes to the booked services, we recommend that you create a new backup copy in order to prevent any loss of data. The backup copy should be stored in a location outside the systems operated by us. Subject to a separate written agreement, we shall not perform any data backup.
7.4 Any misuse of our services or use for illegal activities is prohibited. This shall apply, in particular, to violations of statutory provisions, an impairment of the security or system stability of us or third parties (e.g., DDoS attacks), the distribution of email or other electronic messages for advertising purposes (SPAM), discrimination, harassment, threats, or intimidation, fraud or deception, violations of privacy rights, publication of pornographic content, content glorifying violence, right-wing extremist content or content that is otherwise objectionable to a considerable extent, or unauthorised use of copyrighted material. You are, furthermore, prohibited from using our services for the mining, farming, plotting or any other method of extracting cryptocurrencies.
7.5 We would like to point out that according to § 10 TMG (“German Telemedia Act”) we are required to immediately remove information or block access to it if it is unlawful. In the event of a claim by a third party, you will indemnify us against the costs necessary for our legal defence (e.g., court costs, lawyers’ fees) arising from the fact that you have stored unlawful information with us and are responsible for this action.
7.6 If we store information for you, we shall be authorised to remove it or block access to it if there is a suspicion that the information stored is unlawful. If we obtain knowledge of circumstances that give us reason to suspect that stored information is unlawful, we will notify you in advance of the intended removal or blocking, and will give you an opportunity to comment, unless the unlawfulness is obvious or immediate action is necessary to protect our legitimate interests. In the event of an immediate removal or blocking, we will inform you of this subsequently.
8.1 For the processing of personally identifiable information in connection with the services provided by us as a processor, you shall be the controller within the meaning of the General Data Protection Regulation (GDPR).
8.2 We would like to point out that, according to Art. 28 GDPR, you are required to conclude a processor agreement if you wish to process personally identifiable information by means of using our systems.
9.1 Any claims for damages shall be excluded. Excluded from this shall be any claims arising from injury to life, limb or health, from guarantees, or in accordance with the Product Liability Act, as well as liability for any other damages resulting from an intentional or grossly negligent breach of duty. Unaffected by this shall furthermore be liability for the breach of obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the adherence to which you may regularly rely. In the event of minor negligent breach of these contractual obligations, we shall only be liable for the foreseeable damage typical for this type of contract.
9.2 The aforementioned liability provisions shall also apply to our legal representatives and vicarious agents.
10.1 There is a statutory right of liability for defects. Without prejudice to any guarantees given by us, we shall be liable, in accordance with the statutory provisions, for material defects and defects of title. We inform you regarding any guarantees and their terms and conditions on the respective product page.
10.2 The European Commission provides an online dispute resolution (ODR) platform that consumers can use to resolve disputes out of court: http:/ ec.europa.eu/consumers/odr
11.1 Should any provision of these GTC be invalid or inexecutable in whole or in part, this shall not affect the applicability of the remaining provisions. The place of the invalid or inexecutable provision shall be taken by the statutory provisions.
11.2 The law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods. Any mandatory provisions of the country in which you usually reside shall remain unaffected by the above choice of law.
11.3 If you are, at the time of the order, a businessperson, a legal entity under public law, or a special fund under public law and have your registered office in Germany, the exclusive place of jurisdiction shall be Berlin, Germany.
Right of cancellation
You may repeal your contract of purchase within 14 days without having to state reasons.
The allocated cancellation timeframe is 14 days, effective the day of the conclusion of the contract.
In the case of a contract for the delivery of digital content that is not delivered on a physical data carrier, the allocated cancellation timeframe is 14 days, effective the day of the conclusion of the contract.
To administer your right to cancel your order, you have to inform us (Nodion GmbH, Königstraße 27, 70173 Stuttgart, Tel.: +49 (0) 711 252 962 00, e-mail: firstname.lastname@example.org) by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail, fax, or an email). You may use the cancellation template that is attached; however, it is not mandatory to use this template.
It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.
Consequences of cancellation
If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your repeal. The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else; you will not be charged any fees for the reimbursement.
If you have requested that the services shall commence during the allocated cancellation timeframe, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of cancellation with regard to this contract in comparison to the total extent of the services stipulated in the contract.
(If you would like to cancel the order, please fill out this form and send it back to us.)
Tel.: +49 (0) 711 252 962 00
— I/we hereby cancel my / our (*) contract of purchase for the following products (*) / provision of the following services (*)
— Ordered on (*) / received on (*)
— Recipient’s name
— Recipient’s address
— Recipient’s signature (only with message on paper )
(*) Delete as appropriate.