Terms of Service

§ 1 Scope and Provider

(1) These General Terms and Conditions (GTC) apply to all contracts between Daki.cc, Niclas Specht, Schulstraße 6a, 98597 Breitungen, Germany (hereinafter "Provider") and its customers concerning the hosting services offered at daki.cc, in particular app and bot hosting, game servers, virtual and dedicated servers, web space, domain registrations and related additional services.
(2) Customers within the meaning of these GTC are consumers and businesses. A consumer is any natural person who concludes a legal transaction for purposes that predominantly fall neither within their commercial nor their independent professional activity (§ 13 BGB). A business is a natural or legal person or a partnership with legal capacity that, when concluding the contract, acts in the exercise of its commercial or independent professional activity (§ 14 BGB).
(3) The services are provided exclusively on the basis of these GTC in their version valid at the time of the conclusion of the contract. Conflicting or deviating terms and conditions of the customer shall not apply unless the Provider expressly agrees to them in text form.

§ 2 Conclusion of Contract

(1) The presentation of services on the website does not constitute a binding offer but an invitation to place an order. By completing the order in the Billing Panel (billing.daki.cc), the customer submits a binding offer. The Provider accepts this offer by provisioning the service (for automatically provided products such as app and bot hosting or game servers) or by express confirmation (e.g., for individually provided VPS or dedicated servers). There is no general entitlement to the conclusion of a contract.
(2) Before submitting the order, the customer can review all entries and correct input errors at any time by going back in the order process.
(3) The contract language is English. The Provider stores the contract text; the customer can view their order details and invoices in the Billing Panel at any time. These GTC can be accessed and saved on this page at any time.
(4) The Provider reserves the right to reject offers without giving reasons.
(5) Persons under the age of 18 may only place orders with the consent of their legal guardian.
(6) The Provider accepts only customers who comply with the law. By placing an order, the customer guarantees that their intended business activity and the use of the services strictly adhere to all applicable national and international laws.

§ 3 Scope of Services and Support

(1) The Provider provides the customer with the agreed server resources (in particular CPU, RAM and storage space) and, if applicable, further services. These can be operated on own hardware as well as on third-party hardware.
(2) The subject matter of the contract can also be domain registrations, SSL certificates, or other additional services. The scope is always determined by the service package selected when ordering.
(3) Support requests can be submitted around the clock (24/7). Inquiries are generally answered between 8:00 AM and 10:00 PM (German time). Response targets for paid services are set out in the Service Level Agreement (SLA).
(4) Free services (Free Tier) are provided free of charge, voluntarily and without any entitlement to a specific availability, performance or continued existence. The Provider may change, restrict or discontinue them at any time. The runtime and deletion rules described on the website apply to free services; the SLA does not apply to them.

§ 4 Domain Registration

(1) The Provider acts as an intermediary vis-à-vis registration authorities. Their conditions apply.
(2) The Provider assumes no guarantee for the availability or allocation of domains and is not obliged to carry out a legal check for naming or trademark rights.
(3) Registration takes place only after receipt of payment of the remuneration.

§ 5 Contract Duration, Renewal and Termination

(1) Paid services are provided on a prepaid basis for the billing period selected when ordering (generally 30 days). Unless a different term has been individually agreed (e.g., for dedicated servers), the contract runs for the paid billing period.
(2) If, at the end of a billing period, the customer has sufficient account credit or a saved payment method in the Billing Panel, the service is automatically extended by a further billing period of the same length at the agreed price, unless the customer has cancelled it beforehand. Otherwise, the contract ends upon expiry of the paid billing period without the need for termination.
(3) The customer can cancel a service at any time with effect from the end of the current billing period, either via the cancellation function in the Billing Panel or in text form (e.g., by e-mail to support@daki.cc). Where a different term has been individually agreed, the notice period is 30 days to the end of the term unless otherwise agreed. Cancellation does not entitle the customer to a refund for the current billing period (§ 12).
(4) If a billing period ends without renewal, the service is suspended and the customer's data is retained for 7 days. If the service is not renewed within this period, it is permanently terminated and all associated data is irretrievably deleted. The customer is responsible for backing up their data in good time (§ 7 (6)).
(5) The right of either party to terminate without notice for good cause remains unaffected. Good cause for the Provider exists in particular in the event of default in payment, violations of § 7 or § 9, or false information provided by the customer.
(6) In the event of domain termination, it must be stated whether deletion, transfer, or continuation until the end of the contract is desired. If no successful transfer takes place within 30 days of termination, the domain will be administratively blocked and potentially deleted.
(7) After the end of the contract, the Provider is entitled to delete all of the customer's data; paragraph 4 remains unaffected. The Provider is entitled to refuse the release of a domain as long as outstanding claims exist.

§ 6 Remuneration and Payment Conditions

(1) Remuneration is based on the offer valid at the time of ordering. The prices stated therein apply.
(2) Remuneration is payable in advance for the respective billing period. For renewals, account credit is used first; if it is insufficient, the saved payment method is charged.
(3) Account credit is loaded in the Billing Panel as a prepayment on the customer account and serves exclusively to pay for the Provider's services. A top-up of credit does not constitute a separate contract for the supply of goods or services; a contract is only concluded when the credit is used to order or renew a service, and § 11 applies to that contract. Credit does not expire and cannot be transferred to other customer accounts. During the business relationship, credit is not paid out but only offset against the Provider's services.
(4) Promotional credit, i.e. credit granted free of charge (e.g., through vouchers, promotions, goodwill gestures or service credits under the SLA), is never paid out and lapses when the customer account is closed.
(5) If the customer closes their customer account permanently, the Provider pays out, on request, the remaining credit that results from the customer's own payments, less any outstanding claims of the Provider; paragraph 4 remains unaffected. The request must be made in text form (e.g., by e-mail to support@daki.cc). The payout is made in accordance with § 12 (4).
(6) In the event of default in payment, the Provider reserves the right to demand default interest, dunning costs, and blocking of services. If a payment is reversed or charged back for reasons for which the customer is responsible (e.g., return debit, credit card chargeback, PayPal dispute), the Provider may suspend the affected services until the outstanding amount has been paid and charge the customer the fees actually incurred as a result.

§ 7 Duties of the Customer

(1) The customer undertakes to provide correct data and to communicate changes immediately.
(2) Access data must be kept safe.
(3) The use of services for illegal purposes (e.g., spam, malware, extremist content, copyright infringements, content harmful to minors, crypto mining) is prohibited.
(4) The customer undertakes to keep their own applications up to date. The Provider may block systems that endanger stability or security.
(5) The customer may not leave the service to third parties without express consent. Resellers remain the sole contractual partner and are fully liable for use by third parties.
(6) The customer has to carry out their own backups regularly. An obligation to backup by the Provider exists only with a corresponding additional agreement.

§ 8 Availability and Liability

(1) The Provider aims for an average availability of 99.9% on an annual average. This is a target, not a guarantee within the meaning of paragraph 2. Maintenance work and events outside the Provider's sphere of influence are excluded from this. The availability targeted for paid services and the handling of maintenance are described in the SLA.
(2) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, within the scope of a guarantee it has given, and under the German Product Liability Act.
(3) In the case of slight negligence, the Provider is only liable for the breach of essential contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.
(4) Liability for loss of data is limited to the effort that would have been required to restore the data had the customer made regular backups appropriate to the risk (§ 7 (6)).
(5) For free services (§ 3 (4)), the Provider is only liable for intent and gross negligence; paragraph 2 remains unaffected.

§ 9 Responsibility for Content and Indemnification

(1) The Provider is not obliged to check content stored by the customer. The customer is exclusively responsible for illegal content.
(2) The customer indemnifies the Provider against all claims by third parties arising from violations of statutory provisions, rights of third parties, or these GTC.
(3) The Provider is entitled to block content or terminate contracts without notice if there are concrete indications of legal violations.

§ 10 Data Protection

(1) The processing of personal data takes place in accordance with GDPR. Transfer only takes place for contract fulfillment or legal obligation.
(2) A detailed privacy policy is available on the Provider's website.

§ 11 Right of Withdrawal for Consumers

(1) Consumers (§ 1 (2)) have a statutory right of withdrawal in accordance with the following instructions; it expires early in the cases set out in paragraphs 3 to 5, for standard products when provision begins. Businesses have no right of withdrawal. A plain-language explanation, an automatic refund check and the online withdrawal function are available at daki.cc/legal/withdrawal.

(2) Standard products are products that the Provider offers in standardised form and provisions automatically after the order in the Billing Panel, in particular app and bot hosting plans and game server plans. Their service number consists of "#" followed by a number counting up from 10000 (e.g., #11130). Standard products are supplied as digital content not on a tangible medium: with provisioning, the consumer receives a pre-configured, ready-to-use server instance together with its access data. Virtual private servers (service number "VPS" followed by digits, e.g. VPS123) and custom orders (service number "CU" followed by digits, e.g. CU123) are set up individually and are not standard products.
(3) Early expiry of the right of withdrawal:
(a) In the case of contracts for services, the right of withdrawal expires once the Provider has fully performed the service, if the consumer expressly consented, before the start of performance, to the Provider beginning performance before the withdrawal period expires, and confirmed their acknowledgment that they lose their right of withdrawal upon full performance of the contract (§ 356 (4) BGB). This applies in particular to VPS and custom orders and to one-off services such as setup or migration work.
(b) In the case of contracts for the supply of digital content not on a tangible medium, the right of withdrawal expires once the Provider has begun performance, if the consumer expressly consented to the Provider beginning performance before the withdrawal period expires, confirmed their acknowledgment that they thereby lose their right of withdrawal, and the Provider has confirmed the contract on a durable medium (§ 356 (5) BGB). This applies to standard products.
(4) The consumer accepts these GTC when creating their customer account in the Billing Panel and again when placing each order. When ordering a standard product, the consumer expressly requests that the Provider begin providing it immediately, i.e. before the withdrawal period expires, and confirms their knowledge that they lose their right of withdrawal once the Provider has begun providing it. The Provider confirms the contract, including this consent and acknowledgment, to the consumer on a durable medium (e.g., by e-mail). For standard products, the right of withdrawal therefore expires when provision begins (paragraph 3 (b)). Consequently, standard products are not refunded, neither in full nor in part (pro rata).
(5) For VPS and custom orders, the right of withdrawal exists in accordance with the instructions above until it expires under paragraph 3 (a). If performance begins at the consumer's express request before the withdrawal period expires and the consumer withdraws before full performance, they owe reasonable compensation for the services rendered up to the withdrawal, provided they were duly informed about the right of withdrawal and the obligation to pay compensation (§ 357a (2) BGB). The compensation is calculated pro rata temporis: the price paid for the billing period is divided by its number of days and multiplied by the number of days that have elapsed up to and including the day on which the withdrawal is received. Only the remaining amount is refunded. Example: For a VPS costing €30.00 per 30-day billing period, a withdrawal received on day 10 results in compensation of €10.00 and a refund of €20.00.
(6) The automatic or manual renewal of an existing service for a further billing period (§ 5 (2)) continues the existing contract and does not give rise to a new right of withdrawal.
(7) The withdrawal function asks for the consumer's name, an e-mail address for the acknowledgment, the date of the order and the service number concerned. Based on the service number and the order date, it shows immediately whether a refund is possible under paragraphs 2 to 5. After the withdrawal statement has been confirmed with the button "Confirm withdrawal", the Provider sends an acknowledgment of receipt by e-mail without delay, containing the content of the withdrawal, the date and time of its receipt and the result of this check. Where a refund is possible, the request is forwarded to the Provider's support team for processing. The check is an automated assessment based on the consumer's entries; the Provider verifies the requirements (in particular consumer status, the order date and whether a new contract was concluded) and reviews the assessment individually if the consumer replies to the acknowledgment.
(8) A valid withdrawal ends the contract. The Provider then deactivates the affected service and deletes the associated data; the consumer should back up their data beforehand.

§ 12 Refunds

(1) The Provider does not grant refunds, except in the cases listed in paragraph 3 and the payout of remaining credit on closure of the customer account (§ 6 (5)). In particular, there is no refund

• if the customer cancels a service during a running billing period; the service remains available until the end of that period (§ 5 (3)),
• if the customer does not use the service or uses it only in part,
• for an automatic renewal that the customer did not cancel in time (§ 5 (2)),
• if the service is suspended, blocked or terminated for reasons for which the customer is responsible, in particular under § 5 (5), § 7 and § 9 (3),
• for impairments caused by the customer's own software, configuration or third-party extensions (e.g., plugins, mods or modpacks), or by events outside the Provider's sphere of influence.

(2) The Provider may grant service credits as a goodwill gesture, in particular under the SLA. There is no entitlement to such credits, and they are not paid out (§ 6 (4)).
(3) Mandatory statutory rights remain unaffected, in particular

• the consumer's right of withdrawal under § 11, in particular for VPS and custom orders (for standard products, it expires when provision begins, § 11 (4)),
• statutory warranty rights in the event of defects (e.g., price reduction), for consumers in particular under §§ 327 et seq. BGB,
• the refund of prepaid remuneration for the period after the end of the contract if the contract is terminated for good cause for which the Provider is responsible, or if the Provider discontinues the paid service before the end of the paid billing period.

(4) Refunds are made using the payment method used for the original transaction, unless otherwise agreed. Payments made in cryptocurrency are refunded in the euro amount owed, converted at the exchange rate on the day of the refund, to a wallet address specified by the customer.

§ 13 Changes to Terms and Conditions

(1) The Provider is entitled to change these GTC with effect for the future if there is a valid reason, in particular changes in the law or case law, technical developments, or the introduction of new services, provided the change does not affect the main contractual obligations (in particular the scope of services and the price) and is reasonable for the customer.
(2) Changes will be communicated to the customer in text form at least four weeks before they take effect. If the customer does not object before the changes take effect, the new GTC are considered accepted. This legal consequence will be pointed out separately with each change. If the customer objects, the contract continues under the previous terms; in this case, the Provider may terminate the contract with effect from the end of the current billing period.
(3) Changes to the main contractual obligations require the customer's express consent.

§ 14 Jurisdiction and Final Provisions

(1) The law of the Federal Republic of Germany applies. The UN Sales Convention is excluded. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is the registered office of the Provider.
(3) Should individual provisions of this contract be ineffective, the effectiveness of the remaining provisions remains unaffected.