Terms and conditions
1. Party, scope of application
The party to this contract is:
Athorio GmbH
Gartenstrasse 5
35428 Langgöns
Germanys
with registered offices in Langgöns (register court: Gießen local court, register number: HRB 10949).
VAT Identification number: DE333776175
Managing Directors: Florian Lieverscheidt
Website: athorio.com, athorio.cloud
or one of its subsidiaries.
Athorio GmbH hereinafter is also referred to as "us/we".
The following Terms and Conditions apply to all contracts with the Customer. These Terms and Conditions also apply to future services and offers, even if the Customer does not separately agree upon them again.
The customer’s differing terms and conditions will not apply unless expressly acknowledged by us. This also applies if the customer's terms and conditions differ from or conflict with these Terms and Conditions and we, aware of the customer’s terms and conditions, delivers its services without reservation.
We reserve the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement (including the Additional Terms) and to impose new or additional rules, policies, terms, or conditions on Customer's use of our services.
2. Conclusion of the contract
The contract is concluded when the Customer submits their order via the website, email or other means of communication and we accept their order. A mere confirmation of receivle of the order does not constitute an acceptance of said order. The acceptance is either provided exlicitly via notification on the website or email, or implicitly by providing the requested service.
If not stated otherwise, contracts are concluded for an unlimited amount of time.
3. Termination of the contract
Either party may terminate the contract with 14 days notice, without providing any reason. The period of notice may depent upon contracted services and will be specified in the service description. The cancellation policy is further described in paragraph 9 of these Terms and Conditions.
We reserve the right to terminate the contracutal relationship without notice for good cause. Such good cause includes, but is not limited to, Customer's failure to meet payment obligations and Customer's violation of the Use of Service regulations stated in paragraph XX of these Terms and Conditions.
4. Scope of service
The scope of the contractual service is based on the product description that is valid at the time of the Customer’s order and the written agreements resulting from it. We reserve the right, after prior notice, to discontinue services we offer free of charge or to introduce fees for these services.
If not stated otherwise in a service description, we quarantee an anual average network availability of 99.9%, as well as an average anual uptime of Compute resources.
If the service includes the allocation of an IP address, the Customer has no claim to a specific IP address. We reserve the right to change the Customer’s allocated IP address when necessary.
5. Payment of service
If not stated differently in the contractual agreement of the services, we will invoice the Customer on a monthly basis. We do reserve the right to invoice interim invoices based upon contract duration and total amount due. The Customer is obligated to comply with the terms and conditions of the payment service they use to pay their invoice.
6. Rights and duties
Athorio does not have access to the Compute, Storage and Networking products booked by the Customer. Therefore the Customer is solely responsible for managing and securing these products.
The Customer, by using our services, is obligated to set up and manage their servers in such a way that does not compromise the integrity and availability of the networks, servers and data of third parties. In particular, it is strictly forbidden to use the servers for (d)DOS attacks or to run open mail relays or other systems that are capable of performing these actions. If the Customer violates this agreement, we inform Customer to stop the behavior or to take countermeasures immediately. In case of noncompliance, we will lock the service and/or terminate the contract. However we also reserve the right - without prior notice - to lock the server and terminate the contract without notice.
The Customer is obligated to use the services provided appropriately and to refrain from abusive and illegal actions.
The customer is responsible to secure the access to the administration console and prevent third parties from accessing it. In case of a security breach, the Customer is required to inform Athorio without undue delay.
7. Use of the service
The Customer is obligated to check and comply with the legal provisions arising from the use of the contractually agreed services, in particular the Telecommunications Act, the Telemedia Act, as well as national and international industrial and intellectual property rights, personal rights, and the requirements of competition and data protection laws on their own.
The Customer is obligated not to publish any content that infringes on the rights of third parties or otherwise violates applicable law. This includes in particular, but is not limited to, pornographic or obscene material, extremist content or content that offends common decency, gambling, material that could seriously endanger the morals of children or young people or violate the rights of third parties (copyrights, name rights, trademark rights and data protection rights). This also includes the publication of defamatory content, insults or disparagement of persons or groups of persons.
The transmission of spam mail is prohibited. This includes in particular the sending of unauthorized, unsolicited advertising to third parties. When sending emails, it is also prohibited to provide false sender data or to disguise the identity of the sender in any other way. The operation of applications for mining cryptocurrencies remains prohibited. These include, but are not limited to, mining, farming and plotting of cryptocurrencies. We are entitled to lock the Customer’s access to their Athorio services or account in the event of non-compliance.
If we become aware of illegal activities, we are obligated under § 10 Telemedia Act (TMG) to request that the Customer immediately removes the offending content and we are entitled to lock the Customer’s access to their Athorio services or account.
8. Fair-Use
Overloading the network and inconvenience to other customers may be caused by individual users who use much more traffic than the average of similar customers.
Athorio reserves the right to monitor the amount of data traffic and filter excesses. Under normal circumstances, there is no overusage of data traffic. If the amount of data traffic differs significantly from the average, Athorio will contact the customer about how to normalize the usage. If the customer does not normalize his consumption, Athorio can block or limit (temporarily) data traffic or charge the customer.
9. Liability
The Customer uses Athorio services at their own risk. We are liable for indirect damages in the case of intent or gross negligence, but not for loss of profit. We are liable for culpable infringements that are not due to gross negligence or intent for the foreseeable damage typical for this type of contract, up to a maximum of 100 % of the price for the Customer's monthly product rental, proportional to the contracted period.
10. Cancellation policy
To exercise their right to cancel this contract, the Customer is required to notify us, by means of a clear declaration (e.g. a letter sent by post, email or via the Customer’s account administration interface) of the Customer’s decision to cancel this contract. To meet the cancellation requirements, it is sufficient for the Customer to send a clearly worded notification that they wish to exercise their right of cancellation.
If the cancelled item is a service that has already begun at the time of cancellation, we will invoice the Customer for the corresponding pro rata amount.
11. Dispute resolution procedure
The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which is available at https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
12. Severability clause
If any provision is or becomes invalid or unenforceable in whole or in part, this has no effect on the validity of the remaining provisions. The same applies if and to the extent that an omission be revealed in this contract. In place of the invalid or unenforceable provision, an appropriate provision will apply which, as far as legally possible, corresponds to the sense and purpose of the invalid or unenforceable provision or to the presumed intention of the parties, just as if they had considered this point.