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| Amount | 0.00 UNK |
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| Reconciled by | kim@dilantimedia.com |
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| PDF SHA-256 | 3785f32168d3c8e65fb1fe1e528dc000227f701239a26d4ca1fe2b9ef05db264 |
| PDF size | 206,109 bytes |
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| Extracted at | 2026-07-22 08:38:35 |
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| Model | aisubscription_lite (ollama_cloud_gemma4) |
General Terms and Conditions of
Contabo GmbH
Welfenstrasse 22
81541 Munich
Germany
Effective as of December 2025
Part 1: General regulations
Clause 1: Applicability, conclusion of contract
(1) Contabo GmbH, doing business at Welfenstrasse 22, 81541 Munich, Germany, (referred to
hereinbelow as “Provider”) offers services in particular via its Online Shop
at https://contabo.com and via the customer portal integrated in the Online Shop (referred to
as both the Online Shop and the customer portal hereinbelow as “Online Shop”).
(2) The present General Terms and Conditions (referred to hereinbelow as “GTCs”) apply to
all contracts concluded between the Provider and the customer via the Online Shop as well as
to all contracts for which the applicability of these GTCs has been agreed between the parties
otherwise than via the Online Shop.
(3) Any deviating, contravening or supplemental terms and conditions of a customer will not
become a component part of the contract unless this has been expressly agreed in writing. The
same will apply even if service is rendered in the knowledge that this contravenes the
corresponding GTCs in place with the customer.
(4) Individual Agreements made between the Provider and the Customer, e.g. during the order
process, precede over these GTCs in the area of the respective individually agreed contractual
condition (see § 305 BGB (German Civil Code – Bürgerliches Gesetzbuch)) and are
supplemented by these GTCs.
(5) The range of services on offer in the Online Shop is intended for consumers and businesses,
unless specified otherwise in the Online Shop. A “consumer” means every natural person who
enters into a legal transaction for purposes that predominantly are outside his or her trade,
business or profession (Section 13 of the Bürgerliches Gesetzbuch (BGB, German Civil Code). A
“business“ means a natural or legal person or a partnership with legal personality who or
which, when entering into a legal transaction, acts in exercise of his or its trade, business or
profession (Section 14 paragraph 1 of the German Civil Code (BGB)).
(6) If the customer is a business, the following applies: The present GTCs will also apply to any
future contractual relations between the Provider and the customer, even if no separate,
renewed reference to the GTCs has explicitly been made.
(7) By clicking on the button “Order & Pay” (“Bestellen & Bezahlen”) in the Online Shop, the
customer makes a binding offer to purchase. Directly after having made said offer to purchase,
the customer will receive an email confirming receipt of the order. The order confirmation
does not yet constitute acceptance of the offer to purchase, however. Rather, the contract
will not come into being until the customer receives another email containing access data for
the service ordered.
(8) Contracts are concluded in the German or English language. In case of ambiguities, the
German-language version of the contract will take precedence.
(9) The contractual provisions agreed will be stored by the Provider.
(10) The Provider reserves the right to amend the present GTCs insofar as required in order to
adapt them to changed legal or technical framework conditions. The Provider will notify the
customer of such amendments via email, whereby the amended passages will be
highlighted. All amendments will be considered approved unless the customer lodges an
objection in text form within six weeks of receiving notice of the amendments. Along with the
notification of amendments made, the Provider will also supply the customer with separate
instructions on the right to lodge an objection and on the legal consequences of remaining
silent.
Clause 2: Services of the Provider
(1) The scope of the Provider's main service obligations results from the service description in
the Online Shop.
(2) The customer may select among the server locations shown in the Online Shop. If the
server location “European Union” is not the one selected, then the customer will have the
option to agree EU Standard Contractual Clauses with the Provider, along with an agreement
on data processing on behalf of a controller.
(3) Unless expressly agreed otherwise, the Provider is entitled to also have the services that it
owes under the contract delivered by technically qualified in-house personnel and/or by third
parties. Insofar as active cooperation by the customer is required – e.g. when a webspace
package or other data stored on the Provider’s servers is to be transferred onto a different
server – the customer must cooperate in keeping with the Provider’s instructions within a
reasonable, pre-specified deadline.
(4) The Provider is free to duly adapt its services so as to reflect technical advances and/or a
changed legal environment, which may occur at any time, provided this does not cause a
shortfall in the agreed scope and quality of the contractually owed service. This includes
outsourcing the services to another data center within the server location region selected by
the customer.
(5) If the agreed contractual service also includes the provision of dedicated servers, then the
customer will only be entitled to use a device having the features listed in the product category
ordered. The Provider will determine, at its free discretion, the specific hardware and the
features of the product category ordered. Insofar as the customer is to be provided with one
or more fixed IP addresses in this context, the Provider reserves the right to modify the IP
address(es) made available to the customer if this becomes necessary for technical or legal
reasons. The Provider will notify the customer about any such changes, and specifically about
any modifications made to the IP address(es).
(6) The Provider is under obligation to back up data only if and insofar as this is expressly
stipulated in the service description.
(7) If the Provider delivers additional services without charging a corresponding
remuneration, then the customer has no claim to such services. The Provider is entitled to
cease providing any such services previously provided at no charge, to modify them or to
make them subject to charge following a reasonable period. The Provider will give the
customer timely advance notice about any such cessation, modification or subjection to
charge.
(8) The Provider’s obligation to render technical support to the customer is limited to what
has been contractually agreed. The Provider does not offer any further going, free-of-charge
support services to the customer. The Provider does not provide any direct support to
customers of the customer, unless specifically agreed otherwise in writing.
Clause 3: Duties of the customer
(1) Upon conclusion of contract, the customer is to notify the Provider of the following data:
• Name and postal address, email address, and telephone number of the customer,
whether the customer qualifies as a consumer or a business; the VAT ID number (if
existing); the name of the contact person (for a business).
• Name, postal address, email address, telephone and fax number of the technical
contact person for each domain ordered.
• The name, postal address, email address, telephone and fax number of the
administrative contact person for each domain ordered.
• Also, if the customer provides own name servers: the IP addresses of the primary and
secondary name servers, including the names of said servers.
(2) The customer warrants that the data communicated to the Provider are correct and
complete. This particularly applies to the declaration regarding the customer’s status as a
consumer or a business.
(3) The customer enters into obligation to notify the Provider without undue delay of any
changes in the data communicated, and to confirm said data within seven (7) days of receiving
a legitimate and justified data-related enquiry from the Provider.
(4) The Provider is enhtled, to require the Customer at its own discrehon to provide special
evidence/important data, especially but not limited to when there is reasonable suspicion to
doubt the Customer’s idenhty.
(5) The Provider reserves the right not to conclude contracts with Customers from the
following countries and territories: North Korea, Russia, Syria, Sudan, Iran, Cuba, and the so
called People’s R
to use the Provider’s services, neither directly nor indirectly, if the Customer is located in these
countries or territories. Furthermore, the Customer undertakes not to distribute the
Provider’s services to third parties from the above-mentioned countries or territories.
The Provider expressly points out that a violation of this undertaking could trigger legal
consequences such as claims to compensation for damages and/or the exercise of special
termination rights to which the Provider is entitled within the meaning of Clause 5 (3) of these
GTCs.
The Provider reserves the right to adjust the list of countries and territories mentioned above
at its own discretion as a result of changes in factual and political circumstances. The Provider
will inform the affected customers of any adjustment with reasonable notice in advance. The
Provider reserves the right for the subsequently included countries and territories not to
conclude contracts with customers originating from there. The obligations and legal
consequences stipulated in these GTCs, such as, in particular but not limited to, claims for
compensation and the Provider’s special termination rights, also apply to customers form
countries and territories subsequently included.
(6) The Provider will perform an ongoing sanctions-list-screening based on the data
communicated by the Customer to ensure that the Customer is not subject to applicable
government sanctions. A Customer is affected by applicable government sanctions within the
meaning of this provision if the Provider cannot reliably ensure that the Customer is not a
natural person or company that is listed on so-called sanctions lists and is thus subject of
applicable government sanctions.
In this context, the Provider reserves the right not to conclude contracts with customers
affected by government sanctions.
(7) The customer is under obligation to properly back up the relevant data on a regular
basis. This also applies if the customer has agreed special backup measures with the Provider.
(8) The Provider expressly points out that the obligahons set forth in these GTC are subject to
legal consequences, such as claims for compensahon for damages and/or the Provider
reserves the right to exercise the special terminahon rights to which he is enhtled within the
meaning of Clause 5 (3) of these GTC.
Clause 4: Payment terms
(1) The due dates for remuneration amounts will depend on the service in question and on
the respective contractual term. If the customer selects a contractual term of one month for
server services, then the total price will fall due immediately. If a contractual term of three,
six or twelve months is selected, then the payments will follow an installment schedule
specified during the ordering process. The first installment payment will fall due
immediately. Each of the subsequent installment payments will fall due on the first of the
respective month. In the case of domain and webspace packages, the total price will fall due
immediately. If the customer’s place of regular abode is located outside Germany, then
payment for all the services of the Provider will fall due immediately.
(2) The customer may elect to render payment via bank transfer, credit card, PayPal or
Skrill. For payments within the European Union, the customer may also make use of the SEPA
direct-debit procedure. However, the direct-debit procedure may not be used for the first
payment by a customer who has not previously ordered services via the Online Shop.
(3) Payment may be made in any of the currencies indicated in the Online Shop. The customer
is not entitled to change the currency selected at commencement of contract during the
contractual term.
(4) Except in the case of bank transfers, the amount owed will be debited against the selected
means of payment on the applicable due date.
(5) The Provider will credit any monetary reimbursements owed towards the same account or
means of payment that was used by the customer. if repayments of money would violate
applicable law, repayment is excluded. This is particularly the case if the customer originates
from one of the countries and territories defined in § 3 (5) or if the customer is subject to
applicable government sanctions as defined in § 3 (6).
(6) For purposes of SEPA direct-debit procedures, the customer consents to having the pre-
notification period shortened to one day.
(7) The Provider may make its contractual service contingent on payment in full of the total
price or, if instalment payments have been agreed, on payment of the first instalment.
(8) Insofar as the Provider has been commissioned by the customer to render services that go
beyond the tasks and duties set out in the present GTCs and in the service
description (e.g. software configurations, correction of bugs or problems not caused by the
Provider, etc.) the Provider will be entitled to appropriate remuneration calculated in the
individual case.
(9) The provider may adjust the prices at any hme in line with market developments. A price
increase generally requires the consent of the customer. However, in the event of price
increases within the scope of contractual relahonships with the Provider, the Customer shall
have a special right of terminahon, which the Customer must exercise within a reasonable
period of hme specified by the Provider in the individual case amer receiving the price increase
nohficahon. The consent by the Customer to the price increase is considered granted if he
does not exercise his special right of terminahon within the aforemenhoned period. The price
changes shall then become an effechve part of the contract at the announced hme.(10) In the
event of a change in the statutory sales tax, respectively in its method of calculation, the
Provider will be entitled to adjust its remuneration amounts accordingly.
(11) In the event of rejected direct debits or payment chargebacks for which the customer is
responsible, the Provider will charge a penalty fee in accordance with the actual incurred
costs, unless the customer can demonstrate that the actual damage incurred was either non-
existent or significantly lower than claimed.
(12) If the customer defaults on a payment, the Provider will have the right to suspend the
contract for services until the amount in arrears has been paid. The suspension will also entitle
the Provider to re-allocate any services that are cost-intensive for the Provider and that were
in use up to that point by the defaulting customer. In this event, a loss of data cannot be ruled
out, for example when a server is re-assigned to new customers. If a server, respectively
webspace package, is re-activated, a re-achvahon fee appropriate to the individual case will
fall due.
(13) The Provider is entitled to request a SCHUFA report on the customer’s address if and for
as long as the customer defaults on a greater than negligible amount and if the customer has
failed to notify the Provider of a change in address in breach of the customer’s obligations to
cooperate pursuant to Clause 3 of the present GTCs, or if justified doubts arise as to the
customer’s creditworthiness. In such cases, the customer will be charged the costs which the
Provider incurs for each justifiably requested SCHUFA report on the customer’s
address. However, the customer will not be responsible for these costs, respectively for their
full amount, if the customer can demonstrate that the actual damage incurred by the provider
was non-existent or significantly lower than the cost amount claimed.
(14) Insofar as a contract concluded with the customer does not entail any obligation to make
advance payment or insofar as the Provider renders other, for-charge services not covered by
the foregoing provisions, then all remuneration amounts (plus sales tax at the statutory rate)
will fall due without deduction according to the terms of payment on the invoice.
Clause 5: Contractual term, withdrawal and termination
(1) Insofar as no deviating provisions have been agreed, all contracts concluded between the
customer and the Provider will have an initial term of either one, three, six or twelve months,
depending on which term the customer selects. Notwithstanding the foregoing,
the initial term for the order of a domain or webspace package invariably will be 12
months. The initial term will commence once the access data for the
selected service are made available. The contractual term will be extended by an additional
period equivalent to the one selected for the initial term (“Extension Period”), so long as
neither party has declared termination observing a notice period of four weeks until the end
of the initial term or of an Extension Period. In the current month, notice of termination can
be given at the end of the month at the earliest.
(2) The customer must declare termination by way of the customer-account login
(https://my.contabo.com) or by means of a text-form declaration (e.g. via fax or email).
(3) Each party reserves the right to terminate for good cause (without having to observe a
notice period). Good cause particularly is considered given if the customer, despite having
received a payment reminder, remains in default of a cardinal payment obligation or in
culpable breach of the provisions of these terms and conditions, especially but not limited to
the obligations mentioned under Clauses 3, 4, 6, 7 and/or 9.
The Provider reserves the right of termination (without notice period) for cause, in particular
for the following violations of Clause 3 of these GTCs:
• The Provider becomes aware or has reasonable suspicion that the Customer originates
from one of the countries or territories mentioned in Clause 3 (5) of these GTCs and
uses services of the Provider directly or indirectly;
• The Provider becomes aware or has reasonable suspicion that the Customer is reselling
the Provider’s services to the countries and territories listed in Clause 3 (5) of these
GTCs;
• The Provider becomes aware of or has reasonable suspicion that the Customer is
subject to government sanctions as defined in Clause 3 (6) of these GTCs. For the
avoidance of doubt, the Parties agree that the Provider shall have the right to
terminate the Agreement for cause in cases where the Customer (a) is already affected
by governmental sanctions within the meaning of Clause 3 (6) of these GTCs at the
time of the conclusion of the agreement but the Provider becomes aware of this later
on or (b) gets affected by governmental sanctions within the meaning of Clause 3 (6)
of these GTCs after the conclusion of the Agreement due to a change in the Customer’s
status or due to a change in the applicable governmental sanctions.
(4) Termination of the contracts concluded between the Provider and the customer will not
have any effect on the registration of an internet domain or on the corresponding agreement
concluded with the registration organization. Insofar as the customer wishes to terminate the
registration agreement, the customer must make an express declaration to this effect vis-à-
vis the Provider (see Domain Terms and Conditions).
(5) Consumers have the right to withdraw from their declared intention to enter into a
contract within fourteen (14) days without having to state grounds. You will find additional
details on your right of withdrawal here: https://contabo.com/en/legal/right-of-
withdrawal/. The right of withdrawal does not apply for businesses.
Clause 6: Infringement of generally applicable law
(1) The customer expressly warrants that the provision or publication of the contents
which the customer uploads and/or of the websites which are created on the customer’s
behalf by the Provider in accordance with the customer’s instructions do not contravene
German law or any potentially deviating laws of the country in which the customer’s
registered seat is located , particularly including copyright laws, data protection laws, and the
laws governing unfair competition. The customer furthermore warrants that the
content provided or published does not violate public morals, does not contain any
pornographic or obscene materials, does not incite racial hatred, does not infringe upon
human dignity, does not endanger children or adolescents, and is not insulting or
discriminatory. This also applies to third party websites to which the customer installs
a link, has a link installed or tolerates a link.
(2) If the Provider is notified by a third party that content on a customer's website allegedly
infringes the rights of a third party and/or violates generally applicable law, and if this
notification is so specific that the Provider must assume that the complaint is correct, then
the Provider will generally forward this complaint from the third party to the customer for
comment without delay. The Provider will grant the customer a reasonable deadline for
stating such position. If no statement of position is made within this deadline, the Provider
will be entitled to assume that the third-party complaint has merit and will be entitled to
delete the content giving rise to the complaint, block web space packages or server or
to exclude them from access in any other appropriate way. If the customer calls the merits of
the complaint into question in substantiated manner and if this gives rise to justified doubts,
then the Provider will inform the third party accordingly and, if the Provider considers
this appropriate, will request evidence to prove the alleged infringement of rights. If the third
party fails to take a position in response or if the third party fails to produce any
required evidence, then the Provider will assume that the third-party complaint is without
merit. If the third party issues a statement of position which shows an infringement of its
rights or if the third party provides evidence to such infringement, also taking account any
exculpatory statements of the customer, then the Provider will be entitled to delete the
content giving rise to the complaint, block web space packages or server or
to exclude them from access in any other appropriate way.
In cases where it is obvious and clearly recognisable to the Provider that the content in
question is so abusive that immediate action appears necessary, the Provider reserves the
right to make the content in question inaccessible without delay. In this case, the user will be
informed of the blocking or deletion of the content and the reasons for it.
The customer's payment obligations remain unaffected in this case.
(3) The foregoing paragraphs apply accordingly to all other services offered by the
Provider and that enable the customer to publish data of whatever kind.
(4) Further information on dealing with illegal content can be found in Part 3 of these GTC:
Supplementary conditions for the implementation of Regulation (EU) 2022/2065 (‘Digital
Services Act’).
Clause 7: Industrial property rights; copyrights
(1) It is expressly agreed that all rights to the services of the Provider rendered during the
contractual term, namely software, know-how, trademarks or other protected rights will be
retained in full by the Provider. In the course of the contractual term, the customer
enjoys a non-exclusive, non-transferrable, non-sublicensable usage right to the contractually
agreed services. This also applies in the event that customer-specific customizations have
been made.
(2) Insofar as contractually agreed services can be used only subject to the industrial property
rights or copyrights of third parties, the relevant third-party terms and conditions will
invariably have supplemental effect. This also applies to open-source software, whose
terms and conditions will be communicated to the customer by the Provider upon request.
Clause 8: Internet domains
(1) Insofar a domain is registered and/or transferred and administered as part of the Provider's
services, our Domain Terms and Conditions (Part 2 of these GTC) shall apply in addition to
these General Terms and Conditions.
Clause 9: Unauthorized forms of use
(1) Unless otherwise agreed, the following types of content or the performance of the
following actions are expressly prohibited:
• Spamming mails or webpages that are associated with any type of spamming;
• IRCd, the service for Internet R
• Any scripts and programs that could potentially impair and/or disrupt the function of
the server or other services located within the Provider’s network or on the internet.
• Any scripts and programs that could potentially extensively wear and/or tear
Provider’s hardware or bandwidth.
The Provider is entitled, at its own discretion, to define certain regulations and limit values,
the violation or exceeding of which generally assumes to be a violation of the above-
mentioned principles. It is up to the customer to provide corresponding proof that a violation
of the above mentioned principles does not exist despite the violation of certain regulations
or exceeding of certain limit values.
(2) The following applies to webspace packages in particular: The customer will be under
obligation to structure the internet website so as to prevent overloading of the server, e.g. by
CGI scripts/PHPs scripts, which require extensive computing power and a disproportionate
volume of working memory. “Overloading” means usage of the aforementioned resources
that is so intensive as to cause a noticeable and significant disruption, or even breakdown, in
the operations of a server of the Provider. The Provider will be entitled to limit
correspondingly the resources for websites that do not fulfill the aforementioned
requirements.
(3) If the customer breaches a provision of paragraphs 1 and/or 2 the Provider will be entitled
to restrict the webspace package/the server in its use and/or immediately impose a block on
the webspace package /the server, until the breach of paragraph 1 and/or 2 is remedied. This
will also be possible if the webpages/servers of the customer clearly impair the functionality
or accessibility of other webpages on the server (in the case of webspace packages) or of other
servers within the Provider’s network. The customer will be notified of the imposition of such
a block.
(4) The Provider is entitled to immediately block any webspace packages and servers that are
being used to operate the “TOR” service, insofar as the Provider has become aware that the
server or package is being used unlawfully.
(5) In the event a justified block is imposed, responsibility for any resulting breach of
contractual obligations will lie not with the Provider but exclusively with the customer. The
Provider’s claim to receive remuneration will invariably continue in effect during the full
remainder of the contractual term.
Clause 10: Server administration
(1) The Provider grants the customer full and exclusive administration rights for the server
made available to the customer. Only the customer has access to the server’s individual
administration password. The Provider has no access to the password and thus is unable to
administer the customer’s server. This means that the customer is solely and exclusively
responsible for administering and securing the server at the customer’s own risk and
expense. It is incumbent on the customer to install the required security software and to
remain regularly updated on newly discovered security gaps and to independently close such
gaps. Installing the maintenance programs or other software that the Provider recommends
or makes available will not release the customer from this obligation. The customer
also is under obligation to configure the programs used by the customer such that they boot
up automatically whenever the hardware or the operating system is started. Clause 2
paragraph 5 applies correspondingly.
(2) Insofar as necessary and reasonable, the customer will assist with configuration
modifications, e.g. by re-inputting access data or through simple adaptations of the
customer’s systems.
Clause 11: Performance undertakings
(1) The Provider will ensure that the physical connectivity of the object storage infrastructure,
webspace packages, dedicated servers, virtual dedicated server and VPS is available at an
annual average rate of 99.9%. This will not include periods in which the servers are unavailable
online due to technical reasons or other problems that lie outside the Provider’s sphere of
influence (force majeure, culpable conduct on the part of third parties or the customer, etc.),
nor periods in which the Provider performs necessary maintenance work after giving timely
advance notice.
(2) The servers and storage infrastructure located in the Provider’s data centers are connected
to the internet via a complex network infrastructure. The data traffic is channeled through
various active and passive network components (e.g. routers, switches), each of which permit
only a fixed maximum data-throughput rate. This means that data-traffic capacities for
individual servers or parts of the storage infrastructure may be limited at certain points and
may not conform to the notional maximum bandwidth at the switch port. Unless expressly
agreed otherwise, the Provider cannot guarantee the level/volume of the bandwidth that will
actually be available for an individual server or parts of the storage infrastructure, but will
instead make bandwidth available in accordance with the technical performance capacity of
the data center while making due allowance for the performance obligations owed to other
customers.
(3) Customers are able to use the Provider’s products and services for a large and non-
determinable number of different applications while deploying various software programs for
this purpose at their free discretion. This gives rise to many millions of possible configurations
for the servers. The multiplicity of these possibilities makes it impossible for the Provider to
guarantee the product’s and service’s serviceability or compatibility for specific forms of
usage.
Clause 12: Data protection
(1) The Provider renders its services in compliance with EU R
Protection R German Federal Data Protection Act (Bundesdatenschutzgesetz,
BDSG), the data-protection laws of the German Federal States as well as the German
Telemedia Act (Telemediengesetz, TMG) and the German Telecommuniations-Telemedia-
Data-Protection Act (Telekommunikations-Telemedien-Datenschutz-Gesetz, TTDSG).
(2) The Provider is free to process personal data relating to the customer without any further-
reaching consent, insofar as this is required to establish and implement the contract or for
billing purposes. For additional details, please see the Provider’s Data
Privacy Policy: https://contabo.com/en/legal/privacy/.
(3) Insofar as the customer also wishes to process personal data in conjunction with the
services of the Provider, the customer will remain the sole “controller” within the meaning of
data-protection law. The Provider will process the personal data as a “processor” acting for a
controller within the meaning of Article 28 of the General Data Protection R (GDPR),
insofar as an agreement on data processing on behalf a controller is concluded. The customer
is hereby advised that the Provider essentially has no way of determining whether or not the
customer is even processing the personal data of third parties, or which categories of personal
data of data subjects, if any, are being processed, or the manner or purpose of such
processing. Thus, the customer is under obligation to give the Provider the required
information regarding such data processing. The Provider will offer the customer the
opportunity, via the customer portal, to conclude an “agreement on data processing on behalf
of a controller,” if appropriate supplemented by EU Standard Contractual Clauses, if the
server location selected is in a state that is not a member of the European Union. So long as
the customer has not sent the Provider, via the customer portal, an “agreement on data
processing on behalf of a controller” containing the necessary information, the Provider will
assume that the customer is not processing any third-party personal data in conjunction with
the Provider’s services. In such case, the Provider will not take any measures on the basis of
data protection law.
(4) The Provider hereby expressly advises the customer that, given the current state of
technology, it is impossible to fully guarantee data protection for data transfers performed via
open networks like the internet. The customer is hereby advised that, depending on the
ordered hosting service, the Provider has the technical means to at any time inspect the
data that the customer has stored on the server, insofar as the customer does not use a secure
data-encryption system. Other users of the internet may also be able, under certain
circumstances, to circumvent network security in unauthorized fashion and to control
message traffic, insofar as the customer does not transfer data in a securely encrypted
manner.
Clause 13: Liability, limitation of liability, force majeure
(1) The Provider will be liable in keeping with the applicable statutory provisions for any
damage caused by willful or grossly negligent conduct on the part of the Provider or of
its vicarious agents.
(2) In cases of simple negligence, the Provider will be liable for the following:
(a) Injury to life, limb or health; and
(b) Damage resulting from a breach of a cardinal contractual obligation, but only in an amount
limited to the damage that was foreseeable and typical for the type of contract
involved. Cardinal contractual obligations are ones the fulfillment of which is indispensable to
the proper fulfillment of a contract and which can normally be expected in good faith by the
customer.
(3) The limitations of liability set forth under paragraph 2 above will not apply insofar as the
Provider has fraudulently concealed a defect or has assumed a guarantee for claims under
the Produkthaftungsgesetz (ProdHaftG, Product Liability Act) or for breaches against the
General Data Protection R
(4) The regulations of Section 44a of the Telekommunikationsgesetz (TKG, German Telemedia
Act) will remain unaffected, insofar as the matter falls within the Act’s scope of application.
(5) If the Provider is prevented from rendering its contractual services due to force majeure
(i.e. events that lie beyond the control of either party, such as wars,
uprisings, (terrorist) attacks, epidemics, natural disasters or strikes), then the Provider will be
released from its service obligations for the duration of the force majeure and the customer
will be released from the obligation to render counter-performance. The contractual term will
be extended by the period of interruption caused by the force majeure. If the force majeure
is expected to last longer than three months, then either party may terminate the contract.
Clause 14: Release from liability
For purposes of the relationship with the Provider, the customer undertakes to release the
Provider from liability of any third-party claims resulting from unlawful actions by the
customer or due to substantive errors in the information provided by the customer. This
applies particularly, but not limited to, to violations of copyright law, data-protection law, and
competition law as well as to violations of the obligations set forth in Clauses 3, 6, 7, and 8 of
the present GTCs. The Provider has no obligation to review the customer’s internet sites for
potential violations of the law.
Clause 15: Applicable law, place of jurisdiction
(1) The laws of the Federal R apply; the UN Convention on the
International Sale of Goods (CISG) expressly is precluded. If the customer is a consumer with
a place of regular abode in a Member State of the European Union, then any mandatorily
applicable regulations of that Member State will remain unaffected.
(2) If the customer is a merchant within the meaning of the Handelsgesetzbuch (HGB, German
Commercial Code), if the customer is a legal entity under public law or if the customer is
a Sondervermögen (special assets under public law), then the exclusive place of jurisdiction
for any disputes arising from the contractual relationship will be the Provider’s registered
seat. The same applies accordingly if the customer is a business. Any statutory provisions that
take precedence, particularly those governing exclusive spheres of responsibility, will remain
unaffected.
Clause 16: Final provisions
(1) All declarations on the part of the Provider may be forwarded to the customer
electronically. This also applies to statements of account relevant to the contractual
relationship.
(2) The customer may not offset own claims against the Provider unless these have been
acknowledged or finally and conclusively affirmed by a court of law.
(3) The Provider has the right to name the customer as a reference customer and to list the
customer as such, whereby this will not entail any obligation to pay remuneration to the
customer.
(4) If one or more provisions of the present GTCs should be or become ineffective or
unenforceable, then this will not affect the enforceability of the remaining provisions. In such
case, the parties will agree on an amendment that corresponds to the purpose that was
actually intended, also in economic terms. The same applies in the event of the present GTCs
having remained silent on any given matter.
(5) The European Commission offers a platform for the out-of-court dispute resolution (ODR
platform), which is available under https://www.ec.europa.eu/consumers/odr. We are
neither obligated nor willing to participate in the dispute-resolution procedure.
Clause 17: License terms for Microsoft products
(1) Insofar as the customer has selected a software product of the Microsoft company (e.g.
Windows servers, SQL servers etc.) for installation on the customer’s server, the provisions of
the so-called “Microsoft Service Provider Use Rights” (SPUR) as well as the so-called “End User
License Terms” (EULT) – which apply to the Provider as part of the Microsoft “Service Provider
License Agreement” – will have supplemental applicability insofar as the customer could
influence their application, respectively could violate them by the use of the software. The
customer agrees to comply with the corresponding provisions and will be responsible for
ensuring their correct application. These provisions may restrict or prevent the serviceability
on the Provider’s servers of Microsoft product licenses that the customer has obtained
elsewhere.
(2) If a software product from the Microsoft company is ordered by the customer, then the
Provider will make a corresponding license available on the basis of a Service Provider License
Agreement so as to permit the customer to use the product on a monthly basis. This will
restrict the permission to use the installed product, e.g. a delivered operating system, in
certain aspects. In particular, it will prohibit the use of Microsoft products for which additional
or other licenses are required pursuant to the SPUR or EULT. The customer enters into
obligation to comply with these restrictions independently and assumes liability towards both
the Provider and Microsoft for any wrongful usage.
Here you will find the relevant terms: https://contabo.com/en/legal/microsoft-terms/
Part 2: Domain Terms and Condi]ons
§1 General, legal rela]onships
(1) The Provider offers a Customer who has already used a service of the Provider at least once
and whose contractual relahonship is shll achve the opportunity to register new domains
and/or have exishng domains transferred, deleted or changed in the customer portal under
the heading "Domains".
(2) If the Customer registers a domain via the Provider, a contract is first concluded with the
Provider, which deals with the organisahon of the domain registrahon/transfer and the
subsequent administrahon of the domain ("domain administrahon contract"). In connechon
with the registrahon/transfer of a domain, the Provider then acts for the Customer within the
framework of an agency relahonship and a second contract is concluded directly between the
Customer and the respechve registry or registrar ("registrahon contract"). The relevant
registrahon condihons and guidelines of the respechve registry or registrar therefore also
apply. Insofar as these conflict with the Provider's General Terms and Condihons, the
registrahon condihons and guidelines of the respechve registry or registrar take precedence
over the Provider's General Terms and Condihons. Only the Customer is authorized and
obligated under the registrahon contract.
§ 2 Registra]on of a domain, ]me of conclusion of the contract
(1) When registering a new domain, the Customer can choose both a second-level domain and
a top-level domain. Depending on the top-level domain chosen, different prices may apply.
(2) Amer specifying both the desired second-level domain and the desired top-level domain,
the Customer is requested to specify domain handles and to select whether and, if so, with
which name server and IP address the desired domain is to be linked. The Customer
guarantees that all informahon is correct, complete and up-to-date.
(3) In the last step, an order summary appears in which the Customer can check all the
informahon provided (in parhcular the name of the domain, the price/12 or 24 months
without taxes, the specified handle and name server informahon) once again. Amer the
Customer has submiwed a binding offer by clicking on the "Order and pay" buwon, the Provider
automahcally inihates the registrahon process.
(4) The Provider is not responsible for the success of the registrahon, i.e. the actual registrahon
of the domain. The Provider has no influence on the allocahon prachce of the respechve
registry or registrar. Amer the domain applicahon, the provider cannot influence whether the
requested domain is actually allocated to the Customer. The Customer can only assume that
the domain has actually been allocated when the domain is displayed in the corresponding
overview in the customer portal.
§ 3 Transfer of a domain
(1) If the Customer transfers a domain from another provider to the Provider ("change of
provider"), a domain administrahon contract is concluded between the Customer and the
Provider. The registrahon contract between the Customer and the respechve registry or
registrar on which the domain registrahon is based shall conhnue to exist independently of
the domain administrahon contract.
(2) By requeshng the transfer of a domain from another provider to the Provider, the Customer
confirms that he is authorized to dispose of the domain.
(3) By requeshng the transfer of a domain to a third party ("change of ownership"), the
Customer confirms that the third party has agreed to the change of ownership. The Customer
must ensure that the third party is aware of and accepts all relevant provisions and the
resulhng obligahons. Otherwise, the Provider is enhtled to cancel the change of ownership.
§ 4 Owner data
(1) For the registrahon/transfer of a domain, it is necessary for the Customer to provide the
Provider with personal data, in parhcular his first name, surname and address. This personal
data is then transmiwed to the respechve registry or registrar. The Customer warrants that all
informahon is correct, complete and up-to-date.
(2) In the event of a change to the data provided, the Customer must update it immediately.
The Customer acknowledges that the provision of incorrect data may result in the Provider
being unable to provide its services in accordance with the contract. Reimbursement of costs
is excluded under these circumstances.
§ 5 Registra]on/transfer of domains in the name of third par]es
(1) In the case of the registrahon/transfer of a domain in the name of a third party, the
Customer assures that this third party agrees to the registrahon/transfer of a domain in his
name.
(2) When providing personal data of a third party, the Customer confirms that he has informed
the third party about the transfer and use of the data and that the third party has expressly
consented to this transfer and use.
(3) Before registering/transferring a domain in the name of a third party, the Customer must
ensure that this third party is aware of and accepts all relevant provisions and the resulhng
obligahons.
(4) If the Customer cancels or deletes a domain that he has registered/transferred in the name
of a third party, he shall ensure that the third party has agreed to this cancellahon/delehon of
the domain.
(5) It is hereby clarified that the contractual partner of the Provider - with all rights and
obligahons arising therefrom - is exclusively the Customer in whose customer portal the
registrahon/transfer of a domain is carried out.
§ 6 Infringement of third-party rights or viola]on of generally applicable law
(1) The Provider shall not check whether the registrahon of the domain and/or its use by the
Customer infringes the rights of third parhes or violates generally applicable law. The Customer
is responsible for selechng the character strings to be registered as a domain. Before
registering, the Customer must check whether the registrahon and/or intended use of the
domain infringes the rights of third parhes or violates generally applicable law.
(2) If the Customer breaches this obligahon and subsequently infringes the rights of third
parhes or violates generally applicable law, he shall be obliged immediately to refrain from
further infringement, to compensate the Provider for any damage incurred and shll to be
incurred by the Provider and to indemnify and hold the Provider harmless from claims for
damages by third parhes caused by the infringement. The indemnificahon obligahon also
includes the obligahon to fully indemnify the Provider from legal defense costs.
(3) A registered domain name can be temporarily blocked or permanently deachvated if the
Customer seriously infringes the rights of third parhes or violates generally applicable law
through the content made available under it. This also applies if the Provider has been made
aware of such an infringement and the Customer does not respond to the request to remove
or adapt this content.
(4) If a domain is cancelled by the Customer or due to binding decisions in domain disputes,
the Customer shall not be enhtled to apply for a free replacement domain.
§ 7 Terms of payment
(1) In the case of domain packages, the total price is due for payment immediately.
§ 8 Contract term and cancella]on
(1) The domain administrahon contract has a contract term of 12 or 24 months, depending on
the top-level domain selected. The term of the registrahon contract depends on the provisions
of the relevant registry or registrar.
(2) If the Customer wishes to terminate the domain administrahon contract, he must nohfy
the Provider in text form at least three months before the expiry of the contractual term of
the domain administrahon contract. If this nohficahon is not made, the domain administrahon
contract shall be extended by the original contract term.
(3) The Customer agrees that in the event of cancellahon of the domain administrahon
contract, the Provider shall also inihate the cancellahon of the registrahon contract.
(4) If the Customer intends to terminate the domain administrahon contract with the Provider
and wishes to maintain the registrahon contract for the domain on the other hand, the
Customer must transfer the domain. If the transfer of a domain to another Provider is
triggered, the domain administrahon contract shall be deemed cancelled.
(5) The right to extraordinary cancellahon for good cause remains unaffected. Good cause in
this sense exists, for example, if the Provider is unable to maintain the registrahon of a domain
name of the Customer in accordance with the provisions of the respechve competent registry
or registrar, if the registrahon and/or use of the domain by the Customer infringes the rights
of third parhes or violates generally applicable law, or if the Customer fails to make a due
payment or fails to make it on hme.
§ 9 Exclusion of the right of withdrawal
(1) The Customer expressly agrees to the immediate fulfilment of the service, in parhcular the
registrahon, renewal or transfer of a domain name by the Provider. The right of cancellahon is
therefore excluded from the moment the order is fulfilled.
Part 3: Supplementary condi]ons for the implementa]on of Regula]on (EU) 2022/2065
(‘Digital Services Act’)
§1 General informa]on and defini]ons
(1) This Part 3 contains provisions, informahon and process descriphons that supplement the
rest of these General Terms and Condihons in accordance with the provisions of the Digital
Services Act (hereinamer ‘DSA’).
(2) The DSA regulates the responsibility of providers of digital services, including the provider
as hoshng provider, for the security and protechon of users on the Internet. In parhcular, it
obliges digital service providers to establish reporhng mechanisms for illegal content, to
remove it promptly in the event of a jushfied report and to inform users transparently about
the moderahon of content.
(3) ‘User’ means any natural or legal person who accesses, uses or interacts with the Provider's
(server) services. This includes all forms of use of the services, such as hoshng content or
accessing online services within the infrastructure provided. Users can be both registered and
unregistered persons who access or interact with the provider's (server) services.
(4) ‘Illegal content’ is all digital informahon, materials or representahons that violate
applicable law. This includes in parhcular
- Content that violates the rights of third parhes, such as copyright infringement, violahon of
trademark rights or violahons of data protechon regulahons,
- hate speech, discriminahon, incitement to violence or extremist propaganda,
- child pornography or other content that endangers the welfare of minors,
- Fraudulent, misleading or decephve informahon, including false reports and spam,
- content that violates nahonal or internahonal laws in any other way.
(5) These provisions only apply to users located in the EU.
(6) In the event of a conflict between the provisions set out in this Part 3 and the other
provisions of these General Terms and Condihons, the provisions of this Part 3 shall prevail.
§2 Measures taken by the Provider
§2.1 Point of contact for authori]es
Single point of contact for authorihes: contact address registered in the company database of
the BKA's Cybercrime Division (CC) (access via ExtraPol)
Languages: German, English.
§2.2 Point of contact for users:
Single point of contact for users: please see reporhng procedure described under § 2.3.
Languages: German, English.
§2.3 Repor]ng procedure, content modera]on and comba]ng illegal content
(1) As a provider of hoshng servers and storage capacihes that are under the sole responsibility
of the users, the Provider cannot organise general monitoring of the content hosted on the
servers and storage capacihes, nor can it determine whether it is lawful or unlawful. However,
in order to protect users, the Provider has set up mechanisms and processes for reporhng,
moderahng and combahng illegal content.
(2) Users can submit a detailed report of suspected illegal content using the provider's abuse
form, which can be found at hwps://contabo.com/en/abuse/.
The User should ensure that the report submiwed is as complete as possible. Otherwise,
proper processing by the Provider cannot be guaranteed.
(3) By using this reporhng procedure, the User undertakes to submit the reports in good faith
and not to abuse the reporhng procedure by submiyng unfounded reports. The Provider
reserves the right to take measures to restrict or prevent the processing of reports that abuse
the reporhng procedure.
(4) Reports received are carefully checked by the responsible department of the Provider.
If the responsible department of the Provider comes to the conclusion that the report could
be jushfied, the informahon concerned will be forwarded immediately to the user whose
content is being queshoned (hereinamer ‘Affected User’). The Affected User will be requested
either to present exonerahng circumstances or to delete the content in queshon within a
deadline set by the Provider. If the Affected User does not comply with this request, the
Provider reserves the right to block and/or delete the content in queshon without
authorisahon.
In cases in which it is obvious and clearly recognisable to the responsible department of the
Provider that the content in queshon is illegal and abusive in such a way that immediate achon
appears necessary, the Provider reserves the right to make the content in queshon inaccessible
without delay. In this case, the Affected User will subsequently be informed about the blocking
or delehon of the content and the reasons behind it.
(5) The Affected User may contest the decision taken by the Provider in response to the
nohficahon within a period of six months from receipt of the nohficahon of the decision by
replying directly to the nohficahon email. These challenges will be reconsidered by the
relevant department of the Provider in order to confirm or revoke the decision.
(6) Alternahvely, the Affected User has the right to contest the Provider's decision by
submiyng the dispute either to an out-of-court dispute resoluhon organisahon cerhfied under
the DSA or to a competent court.
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