§ 1 Scope and contract language
These Terms and Conditions apply to all contracts between UTRANET GbR, Kleine Schmidtgasse 1, 63571 Gelnhausen, Germany (“UTRANET”) and customers regarding web server, game server, cloud server and other hosting or infrastructure services and related add-on services.
Customers may be consumers or businesses. Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless UTRANET expressly agrees to them in writing.
The contract language is German or English, depending on the language version of the offer or of the website and order documents used by the customer. In case of conflict between language versions of a specific contract, the version expressly chosen at contract conclusion prevails; failing that, the German version prevails.
§ 2 Subject matter and scope of services
The subject matter of the contract is the provision of the booked hosting or infrastructure service according to the product description, order and any individual agreements. UTRANET provides the services on its own infrastructure and within its own network.
Unless expressly agreed otherwise, UTRANET owes an average monthly availability of 99% of the booked infrastructure at the handover point in the UTRANET network. Excluded are maintenance windows, force majeure, third-party attacks, disruptions caused by the customer, customer software and outages outside UTRANET’s area of responsibility.
If availability falls below this level, the customer may, in accordance with the applicable product terms, request a reasonable credit to prepaid balance or the next service period. Further claims are excluded except as set out in § 9.
§ 3 Conclusion of contract
The presentation of services on the website does not constitute a binding offer. The contract is concluded by the customer’s order and acceptance by UTRANET, in particular by order confirmation or activation of the service.
§ 4 Prepaid model, prices and payment
Services are provided on a prepaid basis. Fees are payable in advance before service commencement or before the start of the relevant service period. Without timely payment there is no entitlement to activation or continuation of the service.
The prices stated at contract conclusion apply. Invoicing follows German VAT law. For businesses in the European Union with a valid VAT ID, reverse charge may apply. Supplies to customers outside the EU are governed by the applicable tax rules.
Payment is made via the payment methods offered in the ordering process and selected by the customer. The payment service provider used may have its own terms and privacy notices.
§ 5 Term, renewal and termination
The contract term corresponds to the prepaid service period. If the prepaid period ends without timely renewal or further prepayment, the service ends upon expiry of the period.
The right to terminate for cause remains unaffected. Cause includes in particular material breaches, unlawful use, payment default despite a grace period where applicable, or endangerment of the infrastructure or other customers.
After termination, UTRANET may delete stored customer data and content after a reasonable period, unless statutory retention obligations apply. The customer is responsible for timely backup of data before the end of the contract.
§ 6 Customer obligations
The customer undertakes in particular to:
- provide accurate and up-to-date information
- keep access credentials confidential and protected against unauthorised access
- not store or distribute unlawful content
- not use the services for spam, unsolicited bulk communication, unlawful mining, attacks on third parties, open proxies/relays or other abusive purposes
- comply with applicable law, including criminal, copyright, trademark and data protection law
- secure their systems appropriately
The customer remains responsible for the content, applications and configurations used. UTRANET may temporarily restrict or suspend services where there are concrete indications of unlawful use or use endangering the infrastructure.
§ 7 Backups
The customer is responsible for regularly backing up their data unless a separate backup service has been expressly agreed. Even where backup services are agreed, this does not replace the customer’s own diligence with respect to critical data.
§ 8 Data protection and processing on behalf
Information on UTRANET’s processing of personal data is set out in the privacy policy. Where UTRANET processes personal data on behalf of the customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR.
§ 9 Liability
UTRANET is liable without limitation for intent and gross negligence, under the German Product Liability Act, and for culpable injury to life, body or health.
In cases of simple negligence, UTRANET is liable only for breach of material contractual duties (cardinal duties) and limited to the foreseeable damage typical for the contract. Material contractual duties are duties whose fulfilment makes proper performance of the contract possible in the first place and on which the customer regularly relies.
Liability for indirect damage, lost profit and data loss is excluded unless UTRANET acted intentionally or with gross negligence or a separately agreed backup service was performed defectively. The foregoing limitations do not apply where mandatory law provides otherwise.
§ 10 Right of withdrawal for consumers
Consumers have a statutory right of withdrawal for distance contracts unless a statutory exception applies.
Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (UTRANET GbR, Kleine Schmidtgasse 1, 63571 Gelnhausen, Germany, email: billing@utra.network) of your decision to withdraw from this contract by an unequivocal statement (e.g. by email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated your withdrawal, in comparison with the full coverage of the contract.
Premature expiry: The right of withdrawal expires for a service contract if UTRANET has fully performed the service and started performance only after you gave your express consent and simultaneously acknowledged that you lose your right of withdrawal once the contract has been fully performed by us.
§ 11 Changes to these terms
UTRANET may amend these terms where there is a valid reason (for example changes in law, case law, or technical or organisational developments) and the amendment is reasonable for the customer taking UTRANET’s interests into account. The customer will be informed of amendments in text form (e.g. by email). If the customer does not object within six weeks of receipt, the amended terms are deemed accepted; this will be pointed out separately in the notice. In case of objection, the contract may be terminated at the next possible date.
§ 12 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of protection by mandatory provisions of the law of the country in which the consumer has their habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Gelnhausen, Germany. UTRANET may also sue the customer at the customer’s general place of jurisdiction. For consumers, the statutory places of jurisdiction apply.
If any provision is or becomes invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the applicable statutory rule.