Documents

1. General terms and conditions

1. This offer (hereinafter referred to as the “Offer”) regulates the provision of paid services by the Contractor to the Customer and applies to all services and all business relations between the Contractor and the Customer. The terms of this Offer constitute the terms of the agreement between the Customer and the Contractor, concluded in the manner provided for in Article 8 of the Offer (the “Agreement”).

2. The fact of placing an order by the Customer means that the Customer has read and accepts the conditions stipulated by this Offer. All additional arrangements and agreements not provided for by the Offer must be executed in writing. The terms of this Offer are published on the home page of Colobridge GmbH http://www. colobridge. net.

3. The Contractor has the right to unilaterally change the terms of the Offer, having previously notified the Customer about the changes. Also, the Customer will be informed during what time he can challenge the changes made. If no information regarding the time limits for contesting has been provided, they are determined by the laws of the Federal Republic of Germany. If the changes have not been challenged, they are considered agreed by the Customer upon expiration of the challenge period.

4. All additional agreements and arrangements, fixed in writing, take precedence over the terms of the Offer in case of conflicts between them.

2. Information security

1. The Contractor is not responsible for the security of information posted by the Customer on the Contractor’s technological resources. The customer is obliged to store a backup copy of the data on a medium located outside the technical site

2. The Contractor and / or persons involved by him. If the loss of information, despite the ongoing procedures to protect equipment from failures, nevertheless occurred, the Customer is obliged to provide the Contractor with backup copies of his data to restore the service.

3. The Contractor is not responsible for the safety and integrity of the data on the server, as well as for the possible risk associated with illegal actions of third parties on the Internet.
The Contractor organizes the provision of access data to the Customer to the ordered services and to the Customer’s office with an integrated internal system of applications for obtaining technical and information support. This information is confidential, the Customer is responsible for its safety from unauthorized access. He also assumes responsibility for all actions carried out on his behalf with the help of his personal details on the Internet.

3. Data protection

1. The Contractor undertakes to collect, process and store the personal data of the Customer in accordance with the current German law and not to transfer them to third parties, if this is not necessary for the provision of the ordered services.

2. Personal data of the Customer will be collected, processed and used solely for the purpose of fulfilling, improving and regulating relations between the Parties under this Offer and providing services.

3. When placing an order, the Customer is obliged to provide valid information about himself and inform the Contractor of the relevant changes, as well as provide, at the request of the Contractor, a document certifying and identifying the Customer and his legal status.

4. The Contractor does not have the right to transfer the Customer’s personal data to third parties, except in cases where this is a necessary condition for making payment or providing ordered services.

5. Correspondence between the Parties is confidential information and cannot be transferred to third parties without the mutual consent of the Parties.

6. The Contractor is obliged to provide information about the Customer at the legitimate request of the police or other authorized authorities.

7. The Customer’s e-mail is used exclusively for sending informational messages, such as billing notices, news, as well as for providing information and technical support.

8. The customer has the right to request information about the current state of his account, deletion or blocking of his services or his personal data. A request for deletion may be denied for legal or other objective grounds specified in the contract and / or company rules.

4. Services provided

1. The volume and quantity of the Services provided by the Contractor are agreed by the Parties by placing and accepting an order in the Customer’s personal account. The exact list and cost of the Services provided will be indicated in the Contractor’s invoice for a specific period.

2. The software and hardware complex used by the Contractor to provide services to the Customer remains the property of the Contractor, unless otherwise agreed by the Parties.

3. The Contractor has the right to change the cost and scope of the services provided. These changes must comply with trading standards and take into account the interests of the Customer. The basis for such changes may be, for example, legal requirements or regulations.

4. The customer has the right to make a claim about the quality or scope of the service provided within 14 days from the date of provision of the service, which, in his opinion, does not comply with these conditions of the service. If no claim is received within this period, the service is considered to be provided qualitatively and in full.

5. If the non-compliance of the service with the declared volume or quality was declared later than 14 days from the date of its provision, this claim is invalid and will not be considered, and the corresponding service is considered to be provided in full and in the declared quality.

6. The volume and quality of each individual service is determined by the description of the service, valid at the time of its order and posted on the Contractor’s home page, the address is provided to the Customer by the Contractor additionally, or by an additional Agreement to the Offer, drawn up in writing.

7. The Contractor undertakes to ensure the availability of all services as close as possible to the indicator of 100%.

8. The Contractor undertakes to inform the Customer about possible malfunctions, as well as ongoing preventive procedures. During preventive maintenance, the service is considered to be provided.

9. Technical questions and error messages are processed through the internal system of applications in the Customer’s personal account 24 hours a day, including on weekends and holidays.

10. Access data to the personal account will be provided to the Customer after placing an order on the Contractor’s page.

11. The scope and conditions for the provision of technical support, as well as the level of quality of service, are governed by the Service Level Agreement, which is published on the Contractor’s home page and is an integral part of this Offer.

12. The software provided by the Contractor to the Customer may be used by the Customer only for its intended purpose and only during the provision of services by the Contractor. The rights of use cannot be transferred to third parties. After the end of the provision of services, the Customer is obliged to delete copies of the software used. These terms do not apply to software that is in the public domain, in this case only the relevant terms of the license agreement apply.

13. The Contractor does not give any guarantees and is released from liability for the software and services of third parties that were provided by him to the Customer as a reseller or partner. In these cases, the guarantees and limits of liability of the manufacturer of the ordered software or service provider apply.

5. Terms of payment

1. The provision of services is based on prepayment of their cost, unless otherwise agreed by the Parties and recorded in writing.

2. Payment is made in the form of a subscription fee for the relevant payment period or in a single payment in case of providing a single service.

3. The subscription fee includes a payment period, the duration of which the Customer chooses when ordering the service (1, 3, 6, 12, 24 months) and is equal to the term of the Agreement.

4. Payment by the Customer for the services provided by the Contractor includes an installation fee, periodic (for 1, 3, 6, 12 months) and current payments, as well as a fee for information and other services.

5. The frequency of payment can be changed at the request of the Customer, subject to the terms of validity and termination of the Agreement.

6. The first invoice will be issued during the ordering process, the order is accepted by the Contractor for execution only after receipt of payment on the first invoice.

7. The prices for the services offered are specified in the supplementary agreements to the Agreement and/or on the Contractor’s home page – www. colobridge. net.

8. All additional individual agreements and agreements on the cost of the services provided, if they are made in writing, take precedence over the prices indicated on the Contractor’s website.

9. Invoices for recurring payments will be issued no later than 7 days before the start of the next payment period. A corresponding notification will be sent to the Customer by e-mail.

10. The customer undertakes to monitor the issued invoices in his e-mail and / or personal account and pay them within 7 days from the date of issue, including if the notification of a new invoice was not received for any reason.

11. The Customer can pay invoices using electronic payment systems (PayPal, credit card) through the Client Cabinet or by bank transfer to the Provider’s account:

Recipient: Colobridge GmbH
Bank: Berliner Sparkasse Landesbank Berlin
BIC (SWIFT): BELADEBEXXX
IBAN: DE04 1005 0000 0190 0992 24

12. When paying the invoice by the Customer by bank transfer in any other currency, except for the euro, the Contractor has no influence on the exchange rate. When paying the bill by the Customer by other proposed methods, the Contractor has the right to independently determine the exchange rate. All possible costs associated with the exchange rate difference of currencies are borne by the Customer. The customer assumes all costs incurred during the transaction.

13. If the Customer uses a payment method that requires additional costs for its acceptance and processing, all costs shall be borne by the Customer.

14. The Customer can download invoices in pdf format in his Client Cabinet. At the request of the Customer, they can be sent by e-mail or in paper form (for sending original documents, a fee of 3 euros per letter may be charged at the discretion of the Contractor).

15. If it is impossible to debit funds or during the Chargeback procedure, the Customer shall bear all possible costs.

6. Consequences of delayed payment

1. The Contractor has the right to block the Customer’s account and the provision of all services if payment for one of the invoices has not been received on time. Also, the blocking may be followed by early termination of the Agreement. In any case, after termination of the Agreement, the existing debt must be repaid by the Customer.

2. Blocking the provision of services due to debt can only be removed after the debt is paid off. The service during the blocking period is considered to be provided in full.

3. The Contractor does not guarantee that after blocking the server, the service can be restored to its original state.

7. Application procedure

1. Application – the Customer’s request to the Contractor’s technical support service in order to eliminate incidents, maintain, initiate changes in the composition and / or scope of services provided, receive consulting services through the application system in the Customer’s personal account on the website https://my. colobridge. net.

2. Registration, processing and accounting of the Customer’s applications is carried out in the automated application system.

3. In the submitted Application, the Customer shall indicate the following information:

– identification data of the Service (product ID, IP address);

– a detailed description of the task or Incident (preferably attaching screenshots and/or graphic explanations in .jpg/.gif/.png formats, if applicable);

– information that allows to speed up the solution of a task or problem (a step-by-step description of the actions to reproduce the Incident; the URL of a specific page with which the Application is linked; the software used by the Customer, etc.).

8. Terms of validity and termination of the Agreement

1. The contract comes into force after the acceptance of the order from the Customer. After the order has been sent through the form on the home page of the Contractor and / or its partners, payment of the invoice is required.

2. Unless otherwise agreed, the term of the Agreement is determined by the Customer when placing an order (1, 3, 6, 12, 24 months). It is equal to the payment period of the subscription fee.

3. If the application for termination of the Agreement is not received 14 days before the expiration of the current term of the Agreement, its validity is automatically extended for a period equal to the previous one.

4. The customer has the right, without giving reasons, to refuse the ordered services within 14 days from the date of provision of the service. The first day is considered to be the day on which the server access data was sent to the Customer. In this case, if the Customer has not violated the terms of the Agreement and / or the rules of the company, he may request a refund of the entire amount paid on the first invoice. Refusal of services is made through the internal system of applications in the personal account.

5. Condition 8.4. does not apply to:
– Cloud FLEX, Premium Cloud, Private Cloud, Dedicated FLEX tariffs and colocation service;

– Software, SSL certificates, licenses, control panels, domains;

– paid works that were performed by order of the Customer.

6. The Contractor has the right to early termination of the Agreement on the basis of objective reasons that are not a consequence of the action or inaction of the Customer and do not fall under the definition of force majeure. The Contractor is obliged to inform the Customer about the termination of the Agreement no later than 14 days before its expiration. The customer will be informed by phone, e-mail or through the internal application system. Unused funds will be returned to the Customer.

7. If the terms of the offer are not fulfilled or are not fulfilled by the Customer in full, the Contractor has the right to early termination of the Agreement. The customer will be informed by phone, e-mail or through the internal application system. All objections are considered on an individual basis.

9. Rights and responsibilities of the Parties

1. The Contractor is not responsible for the compatibility of services ordered by the Customer, as well as hardware equipment with software used by the Customer.

2. The Contractor is not responsible for the success of the project and the economic activity of the Customer.

3. The Contractor undertakes to organize the provision of services in the volume and quality that was stipulated in the rules of the Offer or the Agreement, as well as in additions to them.

4. Servers are provided on a self-administration basis.

5. The customer assumes all responsibility for the content of the information stored on his server and for the installed software.

6. The Customer undertakes to use the services of the Contractor and / or its partners in accordance with the established rules and ensure that access to the resources of the Contractor, its partners and the Internet is not used illegally.

7. The Customer has no right to place illegal information and/or software on its server.

8. The Contractor does not regularly check the content of the Customer’s websites.

9. The Contractor has the right to block the Customer’s server if it contains information that violates applicable law, intellectual property rights and rules on non-disclosure of confidential information or violates the rights of third parties.

10. The Contractor has the right to preliminary block the Customer’s server if there are sufficient suspicions about the presence of the above violations.

11. The Contractor is not responsible for possible damage to the hardware or software, if it was not caused by the Contractor or its partners intentionally or due to negligent handling.

12. Claims for damages due to the impossibility of fulfilling an obligation, unfair performance of the Agreement that causes harm to the other Party, violation of pre-contractual obligations to the Contractor, as well as in relation to its employees and accomplices in the performance of the obligation that caused harm, are excluded, except in cases of intentional harm or negligent conduct.

13. The Contractor is not liable for damage caused by events that are outside the control of the Contractor and / or its partners, for example, force majeure, legal regulations or other unforeseen and inevitable circumstances. In such cases, all financial obligations of the Parties remain in force.

10. Place of provision of services and place of litigation

1. The place of fulfillment of the agreements under the Agreement is one of the data centers chosen by the Contractor. If no other information is specified in the Agreement, the place of provision of services is the city of Frankfurt am Main (Germany).

2. Settlement of disputes between the Parties takes place in the complaint procedure. The term for consideration of the claim is 30 days from the date of its receipt.

3. All disagreements, disputes that the Parties could not resolve in a claim procedure are considered in the course of litigation in the administrative court of Charlottenburg, Berlin (Germany). The Customer and the Contractor also have the right to initiate legal proceedings regarding the execution of the terms of the Agreement in a court that has jurisdiction at the place of registration of the defendant.

11. Provision of services to third parties

1. The Customer has the right to transfer the services provided by the Contractor to third parties. The Customer remains a direct counterparty under the Agreement. By prior agreement with the Contractor, the Customer determines at his own responsibility what services and under what conditions he offers to third parties.

12. Other terms

1. If in the future one or more of the conditions of the Offer proves to be invalid, all other conditions remain in force. Invalid terms will be changed during collaboration.

2. The relations of the Parties under this Agreement are governed by the current legislation of Germany.

3. An integral part of the Agreement, the terms of which are set out in this Offer, are the following documents:

1. Service Level Agreement

2. Administration Level Agreement