General Terms and Conditions for Daki Hosting Services
(1) The Provider renders various hosting services for commercial and private customers. The subject of this contract is the provision of web space, virtual servers, internet connection, domain registrations, and potentially other services selected by the customer according to the offer description.
(2) The services are provided exclusively on the basis of these General Terms and Conditions (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.
(1) The presentation on the website represents a non-binding offer. By placing an order, the customer submits a binding offer. The Provider accepts this by executing the service (for automatically provided products such as web hosting, instant servers) or by manual confirmation (e.g., for dedicated servers to be provided individually). There is no general entitlement to the conclusion of a contract.
(2) The Provider reserves the right to reject offers without giving reasons.
(1) The Provider provides the customer with the agreed storage space and, if applicable, server 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 is available daily around the clock (24/7). Inquiries are generally answered between 8:00 AM and 10:00 PM.
(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.
(1) The contract duration depends on the tariff selected when ordering. Contracts extend automatically if they are not terminated in due time. The notice period is 30 days to the end of the term unless otherwise agreed.
(2) For prepaid services, the contractual relationship ends automatically upon expiry of the paid term. Early termination is not provided for.
(3) Termination without notice for good cause is possible at any time, in particular in the event of default in payment, violations of § 7, or false information.
(4) 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.
(5) Upon termination, all data will be deleted. The Provider is entitled to refuse the release of a domain as long as outstanding claims exist.
(1) Remuneration is based on the offer valid at the time of ordering. The prices stated therein apply.
(2) Payments are due in advance. For prepaid tariffs, there is no refund in the event of termination before the end of the term.
(3) In the event of default in payment, the Provider reserves the right to demand default interest, dunning costs, and blocking of services. Costs incurred by return direct debits will be charged to 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.
(1) The Provider guarantees an average availability of 99% on an annual average. Maintenance work and events outside the Provider's sphere of influence are excluded from this.
(2) In the case of slight negligence, the Provider is only liable for foreseeable, contract-typical damages. In the case of intent or gross negligence as well as damages to life, body, or health, there is unlimited liability.
(3) Further liability, in particular for consequential damages or data loss, is excluded unless there is an express data backup agreement.
(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.
(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.
For digital services, to the execution of which the customer has explicitly agreed before the expiry of the withdrawal period, the right of withdrawal expires with the commencement of the service provision.
The Provider is entitled to change these GTC with effect for the future. Changes will be communicated to the customer in text form. If the customer does not object within 3 weeks, the new GTC are considered accepted. This legal consequence will be pointed out separately with each change.
(1) The law of the Federal Republic of Germany applies. The UN Sales Convention is excluded.
(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.