terms.md

Terms of service

last modified: 24th of February 2024

Terms? Too long, didn't read. Please take the time to review this and the other legal documents associated. The following provides basic conditions under which fortrabbit is offering its PHP cloud hosting services to clients.

Preamble

In the following, "provider" is fortrabbit GmbH. Regulations to the terms and conditions as well as to these terms diverged agreements are legal, provided they have been formally approved in written form by the provider.

§ 1 Subject

1. Subject to these conditions of use is the provision of data storage and the computing capacity for connecting to the internet (Cloud Webhosting Platform). The client will have access to upload the source code and to adjust the service.
2. All services described in these terms and conditions are available only to business units, public agencies and entrepreneurs. The registration of private clients is prohibited.

§ 2 Conclusion of the contract

1. The client's registration for one of the provider's services shall be deemed to be an offer to enter into a contract. The provider may accept or refuse this offer. The acceptance of this offer takes place either expressly or implicitly by activation of the user's account. The concluded contract is not permanently stored by the provider.
2. It is agreed on concluding this contract between the provider and the client that there is a contract for the performance of a continuing obligation. If the client selects the service with costs, he will be obliged to pay monthly the arising fees until the cancellation of the contract. If the client selects the service for less than one calendar month, the fee for the service will be charged proportionately. The billing will be carried out on the following month and on a monthly basis. Clients paying by credit card expressly agree to have their credit card account billed monthly for the recurring charges for the life of the contract including any automatic renewal periods.
3. A right of revocation does not exist for the client. But the client can cancel the contract at any time.

§ 3 Obligations of the provider

1. The provider shall ensure that the client has access to the provider's services.

§ 4 Obligations of the client

1. If the client encounters any failures using the system, the client shall inform the provider without delay of such interferences.
2. The client is obliged to use his access data carefully and to avoid unauthorized use by third parties. Furthermore, the client shall inform the provider of such unauthorized use by third parties without delay.
3. The client shall keep his data up to date at all times and right continuously. The client is not allowed to sublet the service, unless otherwise agreed with the provider.
4. The client is not allowed to sublet any service to or with third parties, unless otherwise agreed with the provider.
5. The client agrees to be contacted as a reference client by the provider in a written and electronic form.
6. The client shall receive the necessary permit of the relevant person to the extent that he collects, processes and uses person-related data within the scope of the provider's service, unless there is a legal basis for it.
7. The client will save the data and the value of it periodically and appropriately and must create backup copies in order to prevent the loss of data and to secure information that will guarantee its reconstruction.
8. The client has the obligation to provide regular, risk-appropriate, data assurance at least once a day.
9. Furthermore, the client shall exhaustively verify all data and information for virus contamination with the latest virus detection tools before uploading them.
10. The client is obligated not to save any data or content on the storage space whose provision, publishing or use violates the law or an agreement with a third party; law in this context means criminal and copyright laws, trademark laws, privacy rights, and other rights of a third party.
11. The client shall not distribute any pornographic, obscene, offensive content or immoral content which are adapted to a negative development of children and teenagers or which encourage a wrong self-reliance and personality.
12. The client has the obligation of diligence for the software he installed and programmed.
13. The client must update the software which is used to avoid hacking attempts if a security problem is known.
14. The client ensures that in his specific area any unsecured programs or scripts will not be used.
15. The use of open mail relays or similar systems on which e.g. spam mails are circulated gives the provider the right to immediately block the client's access.
16. The client will immediately inform the provider as soon as there is evidence that a third party has unauthorized use of his or her service.
17. The client commits to refraining from procedures which cause an excessive utilization of the provider's facilities.
18. The client is obligated to exempt the provider from all claims of third parties, no matter of which kind, which arise from the illegality of contents that the client has stored on the storage covered by the contract. This obligation of indemnity shall also include the obligation to completely indemnify the provider from any legal defense costs (e.g. court and statutory legal fees). This also applies to sub-domains which are registered at the provider but are provided to the client.
19. If and so far as the client uses the contractual storage in contrary to the assurance the non-distribution of illegal content, the provider will have the right to block access via world wide web to such content.

§ 5 Remuneration and methods of payment

1. The up-to-date price list applies at all times (fortrabbit.com/pricing) if not otherwise agreed in written form.
2. The cost-related service is to be paid monthly.
3. The usage-based billing of data traffic and storage is based on the sum of all transferred data (such as, download, upload, website visitors) related to the client's contract. 1 gigabytes=1.000 megabytes; 1megabyte=1.000 kilobytes; 1 kilobyte=1.000 bytes.
4. If a debit order cannot be redeemed, or in the event of a claim from his bank or credit card company, the provider is entitled to charge the client for the fees and bank expenses it incurs for each returned debit order of the client (currently € 15,-).
5. The client may prove that the actual damage has been lower, and the provider may prove that the actual damage has been higher.
6. The provider has the right to determine the amount of the remunerations by its own reasonable assessment (sec. 315 of the German Civil Code) if more than 6 months after the last price increase.
7. The provider shall inform the client about the price adjustment in advance in a written form (email).
8. If the client does not agree to the price adjustment, he may cancel the contract in respect to the cancellation period.
9. The client's fee will be billed in a written form for remuneration, if expressly required.

§ 7 Guarantee or liability

1. In the event of a material breach of this agreement caused by slight negligence, the provider excludes all liability unless the liability involves injury of life, body or health or the breach of fundamental contractual duties that facilitate the enforcement of this contract in such due form the client trustfully relies upon or to the claims granted by the Product Liability Act.
2. In cases of force majeure (in particular in case of strikes, lockouts, official or legal orders, technical difficulties, negligence of a third party) that are not the responsibility of the provider, the provider will not be liable.
3. The limitation of liability related to section 7 (1) of this agreement also applies to the provider's vicarious agents within the scope of the contract compliance.

§ 8 Duration and termination

1. The contract is agreed for an indefinite time period, and both parties have the right to terminate the contract.
2. The client may terminate the contract without reason with future effect in the Dashboard.
3. The provider shall terminate the contract with a term of one week.
4. In all cases each of the parties may terminate the contract instantly, if the termination party can base the termination on an important reason.
5. A due and sufficient cause for cancellation without notice exists if the client comes into default of payment obligations, has suspended payments, or if the client fails to meet its contractual obligations.
6. In the event of a severe violation of § 4 of this Terms and Conditions the provider may terminate the contract instantly.

§ 9 Final provisions

1. The contract shall be governed by German law, without regard to any choice of law rules adopted thereunder.
2. Court of jurisdiction will be the providers head office, if the client is a merchant as defined in sec. 1 to 7 HGB (German Code of Commerce).
3. The invalidity or inoperativeness of one or more provisions of this contract does not affect the validity of the rest of the contract and the remaining provisions shall thereby remain unaffected.
4. The provider is not subject to a code of conduct.
5. Contracting languages are German and English. The German version of the T&C shall be binding for the interpretation of the contract.