1.1 The following general delivery and business conditions are stipulated as part of our Internet offer and the subsequently negotiated contracts respectively, as well as part of any subsequent delivery contract.
1.2 The general delivery terms also apply - in case they are correspondingly applicable - to advisory and planning as well as information service related to delivery.
1.3 Customers' regulations to the contrary are explicitly objected, even in case of transmitting these regulations to the contrary in a confirmation letter or any other way. If these conditions do not contain any regulations, the law applies.
1.4 Inefficacy of single regulations within these conditions does not affect the validity of other regulations.
2. Offers and order confirmation
2.1 Our offers are without obligation; a conclusion of contract is effected after order confirmation, yet not later than at product or service delivery.
2.2 Images and descriptions in catalogues, leaflets, Internet presentations and other promotion material are only approximate, unless they are explicitly identified as mandatory. Offers are subject to modification, unless the customer suffers unreasonable changes to his subject of the contract.
2.3 Estimates of cost need to be made in writing.
3.1 All prices are final prices and are quoted in Euro. Austrian VAT is not applicable due to the Small Business Exemption Regulation.
3.2 Mailing expenses (including possible insurance costs) from our business location are charged separately, if not prearranged differently.
3.3 The delivered product remains Cloudamo property until full payment.
4. Terms of payment
4.1 All payments are due without discount 21 days after obtaining the receipt at the latest. Customers always obtain their bills 3 weeks in advance. Payments can be conducted by Paypal, bank transfer or credit card via PayPal gateway.
4.2 Payment delays after repeated admonition legitimate Cloudamo to deactivate the customer's Internet presence/cloud immediately. To reactivate the Internet presence, the unpaid invoice can be balanced directly in the customer panel, and the service will be unlocked automatically.
Such a customer-induced deactivation of Internet presence leads to deletion of the account after 30 days overdue, without an option of recovery.
4.3 Early termination of contract for important reasons: In case of delayed payment, Cloudamo is entitled - after ineffective written or electronic admonition, a 4-week respite and threat of early termination of contract - to annul the contract with immediate effect. The customer will receive a reminder mail before due-date, 2 days overdue emails, and a lock email. In case of contract termination - for whatever reason - Cloudamo is not obliged to provide the pre-agreed services anymore. Cloudamo therefore is entitled to delete all saved and administrated data. Storing and saving data in time lies exclusively in the customer's responsibility. Regular backups also rest with the customer's due diligence. After a justified deletion, the customer is not entitled to raise any claims towards Cloudamo
4.4 Delayed payments result in bankable default charges in the amount of 10% p.a.
4.5 Offsetting with disputed and not legally determined counterclaims is excluded. The retention of payments by the customer due to counter claims from other contractual relationships is excluded.
4.6 Payments are always applied to the oldest outstanding receivables.
4.7 Invoices which are not objected within 14 days by email or support ticket shall be deemed to be accepted.
5. Prohibition of assignment
Customers' rights deriving from their contract with Cloudamo are not transferable.
6.1 The customer is obliged to examine delivered products or services for deficiencies immediately. Notification of deficiencies requires written form. Obvious deficiencies must be reported in written form within seven days of receipt of the product, hidden deficiencies immediately after their discovery. If the buyer omits the complaint in timely and correct form, the goods or service shall be deemed to be accepted.
6.2 If possible, the warranty is given by reworking or replacement delivery; if the warranty fails in this way, the buyer is entitled to reduce the purchase price or to rescind the contract.
6.3 Any warranty in case of improper handling of the delivered product is excluded.
7.1 Unless otherwise stipulated in these Terms and Conditions, all claims of the customer, in particular claims for damages of any kind, shall be excluded, with the exception of such compensation claims, which are based on the intent or culpable negligence of our employees and / or our vicarious agents.
7.2 Support by our employees or instructions from manuals are given to the best of our knowledge, however, they are non-binding and do not constitute a contractual legal relationship, nor are any additional obligations arising from the purchase contract.
8. Termination, contract periods
8.1 Cloudamo has no contract periods. Why is that? We want our customers to use our service because they appreciate it and because we offer them new and good service, and NOT because they are liable to a contract. You can sign off at any time by just two clicks or by allowing your service to expire – it will be terminated automatically.
8.2 The duration of Internet domains is 1 year and is terminated, if not renewed, with the registrar.
8.3 All terminations must be done by means of a notice function in the customer panel or by email at email@example.com.
9. Technical problems, service delays
9.1 In case of technical problems, there is no claim for liability for damages and consequential damages as well as loss of profit, except in the case of intent and culpable negligence.
10. Customer obligations and liability
10.1 Customers may not violate any applicable law in terms of form, content and purpose of their Internet presence. The customer assures that he/she will never use services provided by Cloudamo to neither spread any glorification of violence, racist, right- or left-wing extremist content, nor refer to links with any content mentioned before. Otherwise, Cloudamo is entitled to refuse the admittance of the Internet pages or to delete them. Cloudamo assumes no auditing duty.
10.2 Sending mass emails (SPAM) as well as mass postings in newsgroups is prohibited.
10.3 The customer must ensure that HTML forms, CGI and Java programs, which he/she has submitted online, do not constitute a security risk for the servers, and that Cloudamo computer capacities are not overloaded or blocked by incorrect programming.
11.1 Cloudamo does not guarantee that the domains ordered by the customer can actually be assigned (first come, first serve) - In addition, assignment units reserve the right to reject domain requests without giving reasons.
11.2 The customer undertakes to comply with the official guidelines (local presence in, for example, the Netherlands) of the respective registration office and not to violate the rights of third parties (name and trademark). The customer has to check, if the desired domain name does not infringe a registered trademark or patent or the domain name is not protected by trademark law. In the event that Cloudamo is used by third parties for the infringement of such rights, the customer is obliged to indemnify Cloudamo We also reserve the right to block the domain concerned.
12. Data protection
12.1 The customer agrees that his personal data, which is received within the framework of the business relations, are stored and processed automatically in a computerized manner for processing the business relationship. He/she is entitled at any time to retrieve the data stored on his person or his pseudonym from the provider free of charge.
12.2 Cloudamo does not pass on customer data to third parties !
12.3 If data are transferred to Cloudamo servers - no matter what form -, the customer creates backup copies. Cloudamo servers are backed up regularly. In the event of a loss of data, the customer is obliged to provide the relevant data again free of charge. Cloudamo assumes no guarantee for the data on servers or backups. The customer is responsible for regular backups. No form of liability and compensation for loss of data is provided by Cloudamo
12.4 Customers receive a user identification and a password to maintain their virtual host/server. They are obliged to treat it confidentially and are liable for any misuse resulting from an unauthorized use of the password. Customers have the option at any time to change their password via an online administration tool.
13. Court of jurisdiction
Company court: Handelsgericht Wien
Should individual provisions of this contract be or become invalid or ineffective, the remaining contents of this contract shall not be affected. The contract partners will cooperate in partnership to find a regulation which is as close as possible to the invalid provisions.