1. Scope of Application

1.1. These Terms of Service (ToS) apply to all contracts between paynode LLC, 51 Rue de Strasbourg, 2561 Gare Luxembourg, Luxembourg, (hereinafter referred to as the “Provider”) and its customers (hereinafter referred to as the “Customer”) for the provision of hosting services. 1.2. Deviating conditions of the Customer shall not apply unless the Provider has expressly agreed to their validity in writing.

2. Subject Matter of the Contract

2.1. The Provider shall provide the Customer with storage space on a server and the ability to use web and email services. 2.2. The exact scope of services results from the contract concluded between the parties and the corresponding service descriptions.

3. Conclusion of the Contract

3.1. The contract is concluded upon confirmation of the Customer’s order by the Provider. The confirmation is usually sent via email. 3.2. The Provider reserves the right to refuse applications for contract conclusion without stating reasons.

4. Services Provided by the Provider

4.1. The Provider guarantees a server uptime of 99.5% on an annual average. Excluded are times during which the servers are unavailable due to technical or other problems beyond the Provider’s control. 4.2. The Provider regularly carries out maintenance work, which may result in temporary unavailability of the servers. The Customer will be informed of planned maintenance work in advance, if possible.

5. Customer Obligations

5.1. The Customer undertakes not to use the servers and services provided for illegal activities. 5.2. The Customer is obliged to keep the login credentials to their account confidential and not to disclose them to third parties. The Customer is liable for any damages resulting from the misuse of the login credentials. 5.3. The Customer must ensure that any content they store on the servers is free of viruses or other harmful components.

6. Data Backup

6.1. The Customer is responsible for backing up their own data. The Provider does not perform regular backups of Customer data unless explicitly agreed otherwise. 6.2. The Provider is not liable for the loss of data unless the loss is due to gross negligence or intent on the part of the Provider.

7. Fees and Payment Terms

7.1. The amount of compensation is determined by the tariff agreed upon in the contract. 7.2. Invoices are due for payment without deduction 14 days after receipt, unless otherwise agreed. 7.3. If the Customer is in default of payment, the Provider is entitled to suspend services after prior notice.

8. Liability

8.1. The Provider is only liable for damages in cases of intent or gross negligence. For slight negligence, the Provider is only liable for the breach of essential contractual obligations. 8.2. The Provider’s liability is limited to the foreseeable damage typical for the contract. 8.3. Liability for indirect damages, especially lost profits, is excluded.

9. Term and Termination

9.1. The contract term is determined by the respective contract. 9.2. The contract may be terminated by either party with 30 days’ notice to the end of the respective contract term. 9.3. The right to terminate the contract without notice for good cause remains unaffected.

10. Amendments to the ToS

10.1. The Provider reserves the right to amend these ToS as necessary, provided the Customer is not unreasonably disadvantaged. 10.2. Changes to the ToS will be communicated to the Customer in writing or by email. If the Customer does not object to the changes within 14 days of receipt of the notification, the changes shall be deemed accepted.

11. Final Provisions

11.1. The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). 11.2. The place of jurisdiction for all disputes arising from and in connection with this contract is the Provider’s registered office. 11.3. Should any provision of these ToS be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provisions.