These Terms and Conditions apply to all contracts between INX System Solution, Klingerstr. 33, 95615 Marktredwitz, Germany (hereinafter referred to as "Provider") and the Customer regarding the provision of IT services, web hosting, server hosting and related services. Any deviating terms and conditions of the Customer shall only be recognised if the Provider has expressly agreed to them in writing. These Terms and Conditions also apply to all future business relationships, even if they are not expressly agreed upon again.
The Provider offers IT services, in particular web hosting, server hosting (shared, VPS, dedicated), domain registration, SSL certificates, email hosting as well as custom software development and system administration. The type and scope of the respective service are determined by the service description of the chosen product or by individual agreements. The Provider is entitled to further develop and adapt the technical infrastructure, provided that the contractually agreed services are not substantially impaired.
The presentation of products and services on the Provider's website does not constitute a binding offer. The Customer submits a binding offer by placing an order. The contract is only concluded upon acceptance by the Provider, which is effected by an order confirmation via email or by the provision of the service. The Provider reserves the right to decline orders without stating reasons.
All prices are stated in Euro and are exclusive of the applicable statutory value-added tax unless otherwise indicated. Invoices are issued in advance for the respective billing period. Payments are due within 14 days of the invoice date without deduction. In the event of late payment, the Provider is entitled to charge default interest at the statutory rate and, after prior notice, to suspend the service. The Provider reserves the right to adjust prices with a notice period of at least 4 weeks.
The minimum contract term is determined by the respective service description. If the contract is not terminated with a notice period of 4 weeks before the end of the contract term, it shall be automatically renewed for the same period. Termination requires text form (email is sufficient). The right to extraordinary termination for good cause remains unaffected. In the event of extraordinary termination by the Provider due to a breach of contract by the Customer, there shall be no entitlement to a refund of fees already paid.
The Provider aims to achieve an availability of hosting services of 99.9% on an annual average. This excludes scheduled maintenance periods, which will be announced in advance where possible, as well as disruptions beyond the Provider's control (force majeure, third-party disruptions, cyber attacks). The Provider is entitled to make technical changes, provided that the contractually agreed service is essentially maintained.
The Provider performs regular backups of the server systems. Notwithstanding this, the Customer is solely responsible for regularly backing up their own data. The Provider shall not be liable for the loss of customer data if the Customer has failed to fulfil their own obligation to back up data. The Provider recommends that the Customer create daily backups.
The Provider shall have unlimited liability for damages arising from injury to life, body or health, as well as in cases of wilful misconduct and gross negligence. In cases of slight negligence, the Provider shall only be liable for breaches of material contractual obligations (cardinal obligations), limited to foreseeable, contract-typical damages. Liability for lost profits, indirect damages and consequential damages is excluded in cases of slight negligence. Liability under the German Product Liability Act remains unaffected.
The Provider processes personal data of the Customer exclusively in accordance with applicable data protection regulations, in particular the GDPR and the German Federal Data Protection Act (BDSG). Details are set out in the Provider's Privacy Policy. Insofar as the Provider processes personal data on behalf of the Customer, the parties shall conclude a separate data processing agreement pursuant to Art. 28 GDPR.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from or in connection with this contract shall be, to the extent legally permissible, the registered office of the Provider. Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a valid provision shall apply that most closely reflects the economic purpose of the invalid provision. No oral side agreements exist; amendments and supplements to this contract require text form.