Hosting Terms and Conditions

Clear terms and conditions ensure a fair agreement.

Table of Contents

  1. Scope
  2. Provider's Services
  3. Service Changes
  4. Conclusion of Contract
  5. Customer Obligations
  6. Fees and Payment Terms
  7. Contract Duration and Termination
  8. Liability
  9. Changes to Terms
  10. Governing Law and Jurisdiction

1) Scope

These Terms apply to all contracts between "mittl medien" (Provider) and business customers regarding hosting services. Customer’s conflicting terms apply only if explicitly agreed.

2) Provider's Services

The Provider offers storage space on a virtual server for the Customer’s use, as detailed in the service description. Content is accessible via the Customer’s assigned domain.

The Provider aims for 99.9% availability, excluding maintenance and external disruptions. No guarantee is given for 100% uptime or data traffic outside the Provider’s network.

Regular backups of stored content are made; customers can request content restoration but not backup media delivery.

The Provider may update hardware/software to current standards and will notify customers of required content adjustments with sufficient notice.

3) Service Changes

The Provider may modify or replace services if reasonable for the Customer, such as to comply with laws, court orders, close security gaps, or for technical reasons.

4) Conclusion of Contract

Customer places a binding order via the website. The contract is concluded when the Provider confirms the order in writing or requests payment.

5) Customer Obligations

Customers must ensure stored content is legal and not infringing third-party rights. Installed software/scripts must not harm server operations. Access credentials must be kept confidential.

6) Fees and Payment Terms

Prices are net plus VAT. Fees are paid monthly in advance via direct debit. Non-payment over two months may lead to contract termination.

7) Contract Duration and Termination

The contract has a minimum term of one year. Termination requires 3 months’ notice before term end; otherwise, it automatically renews annually. Immediate termination is possible for important reasons.

After termination, stored content will be provided to the Customer on request.

8) Liability

Provider is fully liable for intentional or grossly negligent acts, injury to life, body, or health, guarantee claims, and mandatory statutory liability. Otherwise, liability is limited to foreseeable typical damages.

9) Changes to Terms

The Provider may amend terms and will notify the Customer. Lack of objection within 4 weeks signifies acceptance. Termination rights remain unaffected.

10) Governing Law and Jurisdiction

German law applies. The Provider’s registered office is the exclusive jurisdiction for legal disputes, unless mandatory law dictates otherwise.