General – Scope
1.1 The following terms and conditions apply to all business relationships between the customer and AiOEX GmbH, following named “we”. The governing law is that which was valid when the contract was put into effect.
1.2 Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.
1.3 The various top-level domains (“domain suffixes”) are administered by many different, primarily national organisations.
Each of these organisations allocating domains has different terms and conditions for registration and administration of top-level domains, their respective sub-level domains and the procedures for domain disputes.
Conclusion of the contract
2.1 Our offers are subject to change. We reserve the right to make technical and other changes within reason.
2.2 Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt of the customer’s order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.
2.3 We are entitled to accept the offer of a contract (the order) within a period of 5 working days after receipt. We are also entitled to reject the order after examining the reliability of the customer.
Scope of services
3.1 As far as the contractual relationship subject is concerned regarding the registration of domain names, we only conduct the procurement of the desired domain. For the actual allocation of the domain name, the customer can only expect it if we confirm this. Therefore, we do not have any influence over the allocation of the domain. A liability and warranty for the actual allocation of ordered domain names are therefore excluded.
3.2 We guarantee an annual average of 99% network availability for the infrastructure of our services. However, if the service security of the network or the maintenance of network integrity is in jeopardy, we can temporarily restrict access to the service as required.
3.3 The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly special offers.
3.4 If the customer wishes to be registered with search engines (online search engines of Internet content), we are only responsible for mediation. The operators of the search engines are solely responsible for the date and time of the admission to the search engine.
3.5 Technical limitations are regulated by the System Policies, as follows:
We strive to keep our networks operating at the highest possible level, so all of our clients benefit from it. Therefore the following actions are prohibited:
- Operating applications that are used to mine cryptocurrencies
- The scanning of foreign networks or foreign IP addresses
- The use of fake source IPs.
3.6 Technical support services are not included in the offers. If needed or desired, the user will be charged separately. The effective prices are available at any time at https://www.aionets.com
Data integrity
4.1 Where data is transmitted to us, the customer is to back up their data regularly. The server will be backed up regularly by us when this is part of the offer. In data loss, the customer must transfer the respective databases to us again free of charge.
4.2 The customer is obliged to carry out a complete data backup before any changes are made.
4.3 The customer will receive a user ID and password for security purposes. This must be kept confidential. The client will be held liable for any malpractice resulting from the unauthorised use of the password. If the customer becomes aware that unauthorised third parties know the password, they must inform us without delay. If the customer is at fault for third-party password abuse, the customer will be liable for all user fees and damages. In suspicious cases, the client can request a new password, which we then send to the clients.
Privacy
5.1 Our data protection policies are under the GDPR (European Union’s General Data Protection Regulation), the BDSG (Germany’s Federal Data Protection Act), and the TMG (German Telecommunications Act).
5.2 Personal data of customers will only be collected and used if required to create a content arrangement or modify the contractual relationship. The client is obligated to update these data in its online administrations’ interface.
5.3 The client’s Email address will only be used for information on orders, for invoices and – provided that the client does not object – for customer care and our newsletter if the client so wishes.
5.4 We do not give any personal client information to third parties, except for our service partners. They are required to determine the remuneration and settlement with the customer.
5.5 The client has the right to information and a right to amend, suspend or delete his saved data. If deletion conflicts with a legal or contractual duty to keep data, or other legal grounds, the information will be made inaccessible.
Published Content
6.1 It is the customer’s responsibility to identify the Internet content as their own or as third-party content. The customer’s full name and address must be present. Further obligations may result from the provisions of the Telecommunications Act and Teleservices Act. The customer is obliged to examine these provisions and to comply with them.
6.2 The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this.
The same applies if the customer publishes content that is capable of violating the rights of individuals or groups of people or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customers’ content.
6.3 The sending of spam mail is forbidden. This includes, in particular, the sending of illegal, unsolicited advertising to third parties. Regarding the sending of Emails, it is forbidden to provide false sender information or conceal the sender’s identity by other means. We are entitled to block the access if it is not respected.
Liability
7.1 For direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence, we assume no liability.
7.2 With regards to contractors, we are not liable for minor negligence of contractual obligations. However, this does not apply to all cases of personal injury and is under the product liability law.
For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case, we are liable only for the contract-typical predictable damage, a maximum of 100% of the annual fee.
7.3 If the customer’s web content violates paragraph 6 of obligations, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage. In addition, the customer agrees to free us from all claims by third parties – no matter which kind – that may result from illegal internet content. The exemption obligation includes liability for all legal defence costs (e.g. court and attorneys’ fees).
Terms of payment
8.1 The currently valid prices are accessible at any time at https://www.aionets.com
8.2 Depending on the contractual agreement, a monthly, quarterly or annual account will be issued. Monthly payments are conducted solely by issuing a debit authorisation. All other payments are carried out by issuing an invoice. Payment is due immediately upon receiving the invoice.
8.3 We are entitled without warning to deduct default interest on all overdue payments as indicated on the invoices.
If the client is a consumer/end-user, the amount of interest charged will be five percentage points above the base rate. If the client is a contractor/business, the interest charged will be eight percentage points above the base rate.
8.4 We are also entitled, in case of default payments, to block the customer’s internet presence and block all other functions.
8.5 The acceptance of checks is only for processing.
8.6 Invoices are sent by Email as attachments. To receive invoices by ordinary post, we are entitled to charge a reasonable service fee. Likewise, for retrospective changes to invoices, which come about due to no fault of ours, we are entitled to charge a reasonable service fee.
Contract duration/cancellation/place of execution
9.1 Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.
9.2 The contract is cancellable without giving reasons by both parties at any time during a period of 30 days to the end of the month, but at the earliest on expiry of the minimum contract period stipulated in the contract. A cancellation can be made in writing by letter, fax, Email or via the secure online administrations’ interface, provided this option is available.
9.3 We are also entitled to terminate the contractual relationship for a good cause without notice. One important reason for termination would be in the case of two consecutive months that the customer did not pay a substantial part of the compensation owed. Another important reason, among others, can also be that the customer contravenes or ignores warnings about infringement of the requirements of section 6.
Another important reason that can result in block or determination without notice may be that the customer uses content, which affects the server’s performance or safety.
9.4 The place of business for all services under this contract is Gunzenhausen, Germany. Therefore, jurisdiction for all disputes arising from this contract is for the relevant local Gunzenhausen court if the customer is a contractor, a legal entity of public law, or a public legal special fund.
The same applies if the customer does not have general jurisdiction in Germany or when the domicile or habitual residence is not known at the time of the action. We are also entitled to take legal action in the country of residence of the customer.
9.5 If the client intends to devolve his contractual rights to another person, he requires our consent. Devolution of contractual rights can only be done in writing by letter, fax or via the secure online administrations’ interface, provided this option is available. When devolution is carried out by letter or fax, the previous and the new contract partners must both provide a signature.
10.Rules for reseller
10.1 The customer is entitled to third-party contractual rights using the internet presence provided to him by us. In this case, the client still remains the sole contractor. The client is committed to all the terms of the contract, arising from the terms and conditions and our order forms, passing these on to all third parties and obliging them to comply with the terms. This also applies to the requirements in section 1.3 of these terms and conditions.
10.2 When changes need to be made regarding the participation acts of third parties, the customer is obligated to cooperate. The customer will provide us with the third party’s address and contact details on request. In the case of changes, we are entitled to contact third parties directly to demand their written agreement to the changes.
10.3 The customer is responsible for all third party contractual violations. Therefore, the customer is financially liable to us for all damages resulting from third party violations. In addition, we are exempt from liability for all claims which may arise from third parties and others.
Cancellation
11.1 Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (AiOEX Import- und Exporthandels GmbH, Fahngasse 6/2/20B, 1220 Vienna, Austria, Telephone: +43 (680) 400-4191, Email: [email protected] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, email or via the secure online administrations’ interface). You may use the model withdrawal form, but it is not obligatory. It is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired to meet the withdrawal deadline.
11.2 Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (except the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the service performance during the withdrawal period, you should pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
12. Applications
The user acknowledged the cloud storage service is not a file server service and will never be used as a file server for other services or applications.
12.1. NextCloud storage:
The NextCloud server and all the Third-party apps or software are developed and maintained by NextCloud (https://nextcloud.com/) as an open-source cloud solution. Therefore, the app is not our property, and we only provide our services based on the NextCloud server and its third-party applications. Therefore, we are not liable for any issues that may be made by using these services.
12.2. NextCloud Encryption
We are not liable to support Data encryption offered by the NextCloud server, to keep the user privacy at the highest possible level. All encrypted data and Keys will store in the user environment, and we don’t have any access to them. Therefore the user is responsible for managing the keys and encrypted data on every update or upgrades event on the NextCloud server or related applications or software.
12.3. NextCloud Talk:
The NextCloud Talk is preinstalled on the NetxCloud server, and it is accessible via user dashboard, but users must config an external TURN server to use it. This part shall be provided by use with extra costs. The costs are not included in the service price at all. The user acknowledged the TURN server responsibly is on his-/herself, and we don’t have any liability to provide or support that if the TURN server is not configured by us.
12.4. Update and maintenance:
We only update the NextCloud server core, and the rest of the software updates, including but not limited to NextCloud Talk and other third-party apps, are not our liability and shall be managed by the user.
Queries and complaints
If you requested to begin the performance of service during the withdrawal period, you should pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Status: 19 Jun 2021
