Terms of Service

Last Update: 13.11.2024

  • Scope of Application
    These Terms and Conditions (T&Cs) apply to all services and products offered by ColoDrops e.U., including hardware sales, rental of used hardware, hosting services, and remote hands services in data centers. Any differing terms from the customer are not recognized unless ColoDrops e.U. explicitly agrees to them in writing.

  • Data Center Services (Remote Hands)

    • Service Scope:
      • Remote Hands services include technical support in the data center, such as installation, maintenance, and deinstallation of server and network equipment.
      • The exact scope of services is individually agreed upon for each order, based on the customer's specific requirements.
    • Contract Conclusion and Request Processing:
      • Requests for Remote Hands services can only be submitted through the ticketing system. The request does not constitute a binding commitment to accept the order and only becomes binding upon written confirmation by ColoDrops e.U.
      • Each order is treated as a separate contract. There is no indefinite contract relationship, such as for maintenance services.
    • Cancellation and Withdrawal:
      • Customers may cancel a Remote Hands order up to 24 hours before the start without any charges. Cancellations made between 24 and 3 hours before the start are subject to a cancellation fee of €75. For cancellations made within 3 hours before the start, a cancellation fee of €100 applies.
      • ColoDrops e.U. reserves the right to cancel any Remote Hands order up to 3 hours before the start without any reason.
    • Pricing and Billing:
      • A travel flat rate of €20 is charged for trips to and from the data center. Additional trips are charged at €0.35 per kilometer.
      • Remote Hands services are billed at a half-hour rate of €37.50 per 30-minute increment per technician, regardless of the type of activity the technician performs on-site.

  • Trade and Rental of Used Hardware

    • Hardware Condition:
      • The offered hardware primarily consists of used server and network components and may show significant signs of wear. Such wear does not affect the technical functionality.
      • New hardware products are only provided upon request and after written confirmation by ColoDrops e.U.
    • Contract Conclusion and Rental Terms:
      • Rental agreements are concluded with the written confirmation of the rental application by ColoDrops e.U.
      • Rent is invoiced monthly, with the payment due on the first day of each month.
    • Rent Reduction for Downtime:
      • If a component fails during the rental period, the monthly rent will be reduced by 10% of the agreed rental price on an ongoing basis until the component is replaced.
      • However, ColoDrops e.U. is not obligated to replace the component within a specific timeframe.
      • The customer has a 14-day period from the notification of the failure to terminate the rental contract early. If the defective component is replaced within the 14-day period, the right to early termination expires. If the contract is not terminated within this period, the original contract terms remain in effect, including the obligation to pay the reduced rental price.
    • Warranty and Liability for Purchase of Used Hardware:
      • Due to the nature of used goods, the hardware is sold without statutory warranty, as far as legally permissible.
      • The buyer agrees to accept the used hardware in its current condition and acknowledges that cosmetic wear and significant signs of use do not substantially impair its functionality.
      • In case of a major defect that significantly affects the hardware's functionality, ColoDrops e.U. may, at its discretion, offer a repair or a price reduction. There is no entitlement to a replacement.
    • Transfer of Risk and Ownership:
      • The risk of accidental loss or deterioration passes to the customer upon handover of the hardware.
      • Until full payment is made, the goods remain the property of ColoDrops e.U. For rented hardware, ColoDrops e.U. retains ownership at all times; the customer must handle the hardware with care and return it at the end of the contract.

  • Hosting Services

    • Contract Conclusion and Service Scope:
      • A hosting services contract can be requested either through the ticketing system or in writing via email. The contract is established upon written confirmation by ColoDrops e.U.
      • ColoDrops e.U. provides the agreed server capacity and necessary infrastructure as specified in the respective contract.
    • Availability and Maintenance:
      • ColoDrops e.U. guarantees a minimum availability of hosting services at 99.90% annually. Downtimes due to scheduled maintenance or unforeseen disruptions (e.g., due to force majeure or third-party network issues) are not counted.
      • Scheduled maintenance that may cause downtime will be communicated to the customer at least 48 hours in advance. In urgent emergencies requiring immediate maintenance, the notification will be provided as soon as possible.
    • Data Backup and Liability for Data Loss:
      • Unless otherwise agreed in the contract, ColoDrops e.U. does not perform regular data backups for the customer.
      • ColoDrops e.U. is not liable for data loss due to network or hardware failures. The customer is responsible for creating and regularly securing their own backups.
    • Usage Restrictions and Suspension for Abuse:
      • Use of hosting services for illegal or morally irresponsible purposes is prohibited. ColoDrops e.U. reserves the right to immediately suspend services if such violations are detected and may take legal action against the customer if necessary.
      • ColoDrops e.U. may also take action if the customer uses hosting resources in a negligent or abusive way that could harm the host systems.

  • Payment Terms and Default

    • Payment Period:
      • Unless stated otherwise on the invoice or order confirmation, the payment period is 5 calendar days from the invoice date.
    • Reminder Periods and Fees:
      • If the customer is in default, the first reminder is sent 7 calendar days after the due date at no charge.
      • From the second reminder, sent 14 calendar days after the due date, ColoDrops e.U. charges a reminder fee of €10.
      • A third reminder is sent 21 calendar days after the due date with a reminder fee of €15.
      • If no payment is made within 28 calendar days of the due date, ColoDrops e.U. reserves the right to initiate legal proceedings for debt collection.
    • Default Interest:
      • Late payments are subject to default interest according to statutory regulations (currently 5 percentage points above the base rate for consumers and 9 percentage points above the base rate for businesses).

  • Confidentiality and Data Protection

    • Confidentiality Obligation:
      • ColoDrops e.U. commits to treating all information received from the customer during the business relationship as strictly confidential and only using it to fulfill the contract. This obligation continues after the end of the contractual relationship.
    • Data Protection and Security:
      • ColoDrops e.U. agrees to comply with the data protection regulations of the GDPR and BDSG and to take all necessary technical and organizational measures to protect the customer's personal data.
      • Personal data is only shared with third parties when necessary for contract fulfillment or when the customer has given explicit consent. Further information on data handling is available in the [Privacy Policy] of ColoDrops e.U., accessible on their website.
    • Data Backup and Retention:
      • The customer is responsible for regularly backing up their data. ColoDrops e.U. assumes no liability for data loss not caused by intentional or grossly negligent behavior by ColoDrops e.U.

  • Final Provisions

    • Severability Clause:
      • If any provision of these T&Cs is invalid or unenforceable or becomes so after the contract is concluded, the validity of the remaining provisions shall remain unaffected.
      • The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic intent pursued by the parties with the invalid or unenforceable provision.
    • Jurisdiction and Applicable Law:
      • German law applies to all disputes arising from or related to these T&Cs.
      • The place of jurisdiction is the registered office of ColoDrops e.U., to the extent legally permissible.
    • Right to Modify:
      • ColoDrops e.U. reserves the right to amend or supplement these T&Cs. Changes will be communicated to the customer in an appropriate manner and are considered accepted unless the customer objects in writing within four weeks of receiving the notification.

  • Disclaimer for Force Majeure

    • ColoDrops e.U. is not liable for delays or service failures caused by circumstances beyond their control, such as natural disasters, pandemics, governmental orders, power outages, strikes, extreme weather conditions, or other instances of force majeure.
    • In such cases, ColoDrops e.U. is entitled to postpone performance for the duration of the hindrance or to terminate the contract in whole or in part without the customer being entitled to compensation.
© 2024 Copyright ColoDrops e.U.