Under the domain www.g-portal.cloud operates Ociris GmbH (Aidenbachstraße 54, 81379 Munich), a web-based, partially chargeable service for the user (hereinafter referred to as “customer“), providing especially bare metal servers for retail and business customers on pay-as-you-go basis. All services of the provider will be collectively referred to as “Service“ hereinafter. The purpose of the Service is to provide the technical platform for hosting and administration to the customer, and the ability to access and to use these Services, by means of telecommunication.
(1) These Terms and Conditions apply without exception to all services of the provider as part of prepaid contracts. To use our community, additional Terms and Conditions in Section II apply.
(2) Deviations from these Terms and Conditions, additional agreements, or supplementary agreements require express written confirmation of the provider. The Terms and Conditions also apply to future businesses, in particular to performance enhancements of the provider under existing contracts, even if no specific reference is made. Any conflicting or deviating conditions of the customer are excluded. Our offers and information regarding the services sold by us are not binding unless there is an expressly written assurance. The provider shall be free to provide the service, as part of the technological progress, with new or different technologies, systems, procedures, or standards to be used as originally offered to the customer as long as there are no disadvantages thereof.
(3) The contract language is English.
(4) The provider is allowed to send any information and explanations regarding the contract to the email address of the customer.
(1) To use the Services, previous registration of the customer is required. By registering, the present Terms and Conditions of the provider are agreed unconditionally. The customer assures that all information provided by him are true and complete.
(2) To register, a username, an e-mail address, and a password are required. The customer has the possibility to add payment data to an account ("customer account") after the registration.
(1) The provider offers its customers services through recurring payment and pay-as-you-go. The scope of the individual services is derived from the time of ordering the current description of services.
(2) The contract between the provider and the customer for remunerated services comes as a result of the customer's order on the internet via the website at www.g-portal.cloud, other electronic, or telephone ordering methods. The presentation and promotion on the website of the provider does not constitute a binding offer to conclude a contract. By submitting an order by clicking the "add server" button, the customer submits a legally binding request to the provider. Before submitting the order, the customer can change his data at any time. The provider accepts the customer's order by submitting an order confirmation electronically to the given customer e-mail address. A contract also comes into effect when the provider provides the service to the customer and the customer uses it.
(3) The provider undergoes regular maintenance for the safety of its services and data protection. For this purpose, the provider may temporarily disable or limit the service, as long as important reasons justify this. The provider will carry out technical maintenance in off-peak hours whenever possible.
(4) In case of defects, the legal warranties’ regulations apply.
(1) Consumer means any natural person, who enters into a legal transaction, that are mostly neither commercial nor their independent professional activity may be attributed.
(1) The provider is liable in each case and without restriction for damages arising from injury to life, limb, or health, in all cases of malicious intent and gross negligence, for fraudulent concealment of a defect, for the assumption of warranty for the condition of the purchase item, for damages in accordance with the Product Liability Act and in all other cases governed by law.
(2) If fundamental contractual obligations (“cardinal duties“) are affected, i.e. obligations whose proper execution of the contract and on whose compliance the customer may regularly rely, the supplier’s liability for slight negligence is limited to typical, foreseeable damage.
(3) Upon violation of non-essential contractual obligations, the liability for fundamental breach of contract is excluded.
(4) The limitations of liability also apply to personal liability of employees, representatives, entities, and agents of the provider.
(5) Data communication via the Internet can not be guaranteed to be available at all times without error at the current state of technology. The provider is not liable for the continuous or uninterrupted availability of the services. However, the provider guarantees access to the servers 99% of the time on annual average, although announced maintenance, support times, and times when the services are not reachable due to technical or other problems, which are not within the control of the provider, are excluded. The provider will in such cases invest every resource to restore the service.
(1) All prices are retail prices are in EUR and contain the legal sales tax as applicable. For services, the listed prices at the time of order placement are valid.
(2) The services of the provider have to be paid after the service was provided on a monthly basis by the customers; the customer is obliged to perform. Payments will be made only from one’s own customer account.
(3) Advance payments can be charged to the customer's account with the following methods: PayPal, SofortÜberweisung, paysafecard, credit card.
(4) A payout of the credit is not possible.
(1) The customer is prohibited from using the following services in connection with web spaces and servers provided by the provider: FTP services or any similar services which go beyond the normal level of traffic. The customer shall not host any content that is extremist (especially right-wing extremist), mature or pornographic, commercially erotic, violent, racist, discriminating, harmful to children or ethnically offensive content, even content inciting to crime or instructions thereof. This applies even if such content can be accessed through hyperlinks or other connections that puts the customer on third party sites.
(2) The provider may terminate customer’s services if they differ from normal operating behavior uses or culpably violates these Terms and Conditions.
(1) German law applies to the exclusion of the UN Convention on the International Sale of Goods (CISG). This also applies to orders from abroad.
(2) Jurisdiction for merchants and customers who have no general jurisdiction in the European Union or who have transferred their domicile or habitual residence outside the European Union after conclusion of the contract, or whose domicile or habitual residence at the time of action is not known, is Munich.