TERMS AND CONDITIONS OF USE
Terms and conditions of use of the services offered by dandix.de
Agreement
This agreement on the "Terms and conditions of use of the dandix.de web hosting service" (hereinafter referred to as the "agreement"), sets out the conditions under which any person may visit or access the dandix.de website (hereinafter referred to as the "site") or use the dandix web hosting service in any way. de (hereinafter referred to as the "Service"), and has the value of an agreement concluded between S.C. Dandix LTD. (hereinafter referred to as the "Provider"), in its capacity as owner and administrator of the Site and provider of the Service, and any person who visits or accesses the Site or who wishes to use in any way or actually uses the Service (hereinafter referred to as the "User").
Failure to accept this Agreement or any provision hereof shall oblige such person to immediately cease accessing the Site or using the Service in any manner whatsoever, and further accessing or visiting the Site, opening a dandix.de account or using the Service in any manner whatsoever shall constitute acceptance in full of the Agreement and any provision hereof, including any subsequent modifications which may be made without restriction by the Provider, without any further formality being required.
Content publication policies
It is prohibited to publish on the provider's servers any content or links to such content that: (i) infringe or prejudice in any way the intellectual property rights of other persons or other rights; (ii) contain obscene or pornographic content or content of a violent nature; (iii) contain defamatory or libellous content; (iv) contain racial or discriminatory content; (v) contain viruses, Trojan horses or similar content; (vi) contain pirated software or are directed at those who pirate software or engage in any similar activities.
Users who are beneficiaries of shared hosting packages are not entitled to store on the Provider's servers any content other than their own website files and emails associated with their account. The storage space made available by the Provider may be used exclusively for the purpose set out above, i.e. the storage of website files and emails. In all situations where the user violates these provisions, the Provider has the right to delete files that do not fall within the limits mentioned, without notice, without further formalities and without being obliged to pay compensation to the user. In case of repeated infringements, the Provider has the right to suspend/close the accounts of the respective users.
Unsupported Content
The operation of adult sites or content, unauthorized or illegal betting, irc, hubs, dc, bots, torrent, mining, online radio, proxy, gaming services (sites/forums/communities etc. serving games or vps serving or running games) is prohibited.
It is prohibited to send unsolicited e-mail messages (also known as SPAM or UCE) by users using the service or an e-mail address managed from another system that contains references to the users' site, if this site is hosted by dandix.de.
It is prohibited to send newsletters or bulk mail from Dandix LTD servers.
Illegal activities
It is forbidden to use the dandix.de system, the site or the service in any way to carry out any illegal activities or related to illegal activities, including but not limited to breaking into other systems, credit card fraud, theft , threats or violence, as well as any attempt to undermine or cause damage to a dandix.de server or a dandix.de user.
Users assume the obligation not to introduce any kind of viruses on the site or in the dandix.de system and to refrain from any kind of "flooding", "spamming", "mailbombing" or "crashing" actions, such as and from sending unsolicited messages to any other user.
It is also prohibited for users to use any devices or computer programs or any other means that can lead to modifying the operation of the site or the service or to preventing or disrupting their operation in any way.
Users assume the obligation not to use the information or facilities offered by the site or service for any purposes contrary to the interests of the provider or other users, and not to access the database used without the express authorization of the provider or in other ways than those permitted by the provider for the provision of the service.
In case of violation of these provisions, the Supplier reserves the right to suspend / close the accounts of those who are guilty of illegal activities. At the same time, the Provider can proceed to delete all data from the server, being able to refuse in such situations the requests for the return of the rates for the period in which the service was not provided because the account was suspended / closed for carrying out illegal activities. The provider has the right to retain the sums of money received from the user as a sanction for violating this user agreement.
If the user carries out any kind of activities that result in the blacklisting of the IPs assigned to him by the Provider, the Provider has the right to collect from the respective user an amount of 100 euros as penalties. In addition, the Supplier has the right to terminate the contract concluded with the respective user through a simple notification sent to him, without notice, without the intervention of the courts and without any other formality.
The supplier has the right to withhold the amount owed by the user as penalties from any amounts paid in advance by the user as price.
Information and materials
In all situations in which they use in any way or post on their sites information or materials, users assume the obligation not to prejudice in any way the copyrights that a third party may invoke in relation to such materials and information. Users are solely responsible for the materials and information posted on their sites or for opinions of any kind expressed in any areas of their sites. Users understand and accept that the violation in any way of the foregoing provisions cannot engage the liability of the provider in any way, but only the liability of the users.
If the operation of a user's site requires the installation on the provider's resources of additional software to that made available in the purchased service package, the user assumes full responsibility for acquiring the necessary licenses and for all legal consequences arising therefrom, the provider having no liability.
Hostname and IP address
The Provider is and shall remain the sole owner of all IP addresses in the Provider's network. Users are not allowed to change the TCP/IP configuration or use configurations that have not been assigned to users by the provider. The provider reserves the right to change the IP addresses assigned to users during network upgrades, security provision or any migration service in the network.
Value added tax
The tariffs (fees) mentioned in the agreement or in any related documents do NOT include the value added tax related to them, unless otherwise indicated in the respective document / page.
Methods of payment of charges for the service
User accounts for which payment to the provider of the fees (charges) for the provision of the service is made by cheque or payment order will only be set up and activated when the cheque has been received by the provider or when the user has sent proof of the payment order by fax or e-mail. In all cases, the supplier has the right to determine at its discretion, whenever it deems necessary, that the setting and activation of the user's accounts will only be done when the supplier has received the amount corresponding to the tariff or the supplier's bank account has been credited with this amount, the operation being confirmed to the supplier by his bank.
Payment deadlines
Depending on the regularity with which orders are placed, different payment terms are available to users. For new orders, the payment term is 15 days. Subsequent invoices will be issued 30 days before the end of the period paid by the customer. If at the end of this period the user has not paid for the order placed, the measures set out in Article 17 of this Agreement shall be taken against him.
Duration of the Contract
The hosting and/or co-location contracts concluded between the Provider and the User shall enter into force on the date of payment of the price of the service and shall have the duration chosen by the User before payment. Contracts shall be automatically extended for successive periods equal to the initial term, unless the user gives notice of termination no later than at the end of the initial term/each extension period. The supplier will issue a pro forma invoice at least 15 days before the end of the subscription term, and the user must pay the invoice within 15 days of issue if he wishes to extend the subscription. If by the due date of the invoice the user has not paid the amount of the charges for the services invoiced, the contract shall terminate automatically, without notice and without further formalities.
Hosting and/or collocation contracts may be terminated unilaterally by either party with 30 days' notice without penalty.
Migration of packages
Upon request, the Provider may transfer the web hosting account that the new user holds to another hosting company free of charge, only if a full back-up of the site or cPanel / WHM login data is provided. The transfer of a hosting account is done by moving the entirety of a stand-alone account to another stand-alone account, without changing anything in that account. One free transfer is offered within the first 30 days from the date of activation of the customer account, for the entire contract period.
The above-mentioned operations are carried out free of charge between 09:00 and 16:00, Monday to Friday. Outside the above mentioned periods, the transfer can be carried out only upon payment of the fees for on-demand support services as mentioned in art. 21 below.
The same charges are applicable if the user wishes to migrate the main domain as an additional domain. Therefore, if the Provider is able to perform such transfers, the charges for on-demand support services as described in paragraph 21 shall apply.
Account closure
The accounts of users who have not paid the charges for the provision of the Service within the time limit provided for in the Agreement will be suspended until confirmation of payment or until the date of payment, as mentioned in the article concerning the methods of payment of charges. Reactivation of the accounts may be made either after confirmation of payment, by sending proof of payment, or after payment, under the conditions mentioned in the section "Methods of payment of fees for the provision of the Service".
Following the suspension of the account, the Provider will automatically generate a notice on the User's page containing the Provider's logo and contact details. The announcement will include the reasons for the account suspension and the payment options available to the user. The Provider will also provide contact details so that the user can contact the Provider for any reason. By posting this notice, the Provider does not intend to promote itself on the User's website. The Provider uses this advertisement to inform the User that the User has not fulfilled its obligations to pay the fees.
On the date of the suspension of the user's account for non-payment of fees, the Provider may also proceed to remove any existing data on the Provider's servers at its discretion. The Provider has no obligation towards the users to keep the data of users who do not properly fulfil their obligations towards the Provider. The Provider has the right to keep the data on the server for a period of 30 days after the suspension of the account, but the Provider is not obliged to keep this data.
Any offence against any staff member will lead to a permanent suspension of the account, and therefore of all services.
Reopening of accounts
The Provider may reopen accounts closed for non-payment of fees only after full payment of all amounts due from users, including fees for reopening accounts, and may reopen accounts at the Provider's discretion, at its own discretion, only if the Provider determines that there is no longer a risk of non-payment of fees for the provision of the service.
Fees for on-demand support services
The Provider will provide users, at their written request, with support or administration services (i.e. any kind of services provided to users other than those strictly related to setting up hosting accounts) as follows: 50 € / hour; These prices are not negotiable.
Also, we guarantee 5 responses in tickets during the week (Monday-Friday) and on weekends (Saturday/Sunday) or holidays (Christmas, Easter, etc.) we guarantee 2 responses.
Return of tariffs
The return to users of the tariffs (fees) paid by them for the provision of the service shall be made only in respect of a full calendar month, and only if the user concerned has requested this in writing to the provider at least 24 hours before the beginning of that calendar month. In all cases, setup fees or web domain registration fees will NOT be refunded by the provider. The Provider will also not return fees associated with licenses purchased by the Provider on behalf of and for the account of users, if they have been paid by the Provider prior to the users' request for return of paid and unused fees.
In the event that users request the return of fees paid for services used or to be used, the Supplier shall return them in proportion to the services provided up to the time of the request, if applicable. The Supplier shall also retain the amounts necessary to cover bank charges for transactions.
Right of withdrawal
We offer full refund only in the following situations:
The contact details provided by the person in question must be completely true and nonfictive.
Your problem is caused by our services (this will be determined by our specialized consultants)
Recurring payments are non-refundable, recurring payments must be cancelled by the customer through the provider through which they made the payment.
Damages
The user declares that he understands and accepts that in any situation in which the user claims damages of any kind from the provider, the total amount of damages claimed by the user for any reason and which may be paid by the provider may in no way and under no circumstances exceed the total amount of the fees paid by the user to the provider.
Disclaimer
The Provider shall not be liable in any way for server downtime due to user actions or fluctuations in internet consistency.
Services offered to users
All services such as backup or control panel are provided to users only by courtesy of the provider, without the provider having assumed any obligation whatsoever towards users in this regard. The user declares that he/she is aware of this and understands and accepts that he/she is solely responsible for saving his/her own site data. The Provider is in no way responsible for the loss of hosted information as a result of user actions or due to errors in applications not associated with the service. As an example, the control panel is not associated with the service and is not provided by the provider, it is developed and provided by plesk.com.
Conditions of service provision
The Provider assumes no responsibility for any consequences resulting from the use of the Service or the data and information provided in any way by the Site, and the User declares that he understands and accepts this.
Right to refuse service provision
The Provider reserves the right to refuse to provide the Service to any person, at the Provider's discretion and for any reason whatsoever, without being required to justify or give reasons for doing so.
Termination of service
The Provider shall have the right to immediately, without prior notice and without any other formality, deny access to the Site or access to the Service to any user or any person who violates in any way any of the terms of this Agreement. In this case, the provider has the right to immediately cease providing the service to such persons. At the provider's sole option, in the event of breach in any way of any of the clauses of this agreement, the provider may resort to the aforementioned measure, or may issue a warning to the person in question, or may temporarily restrict the person's access to any of the facilities of the site or the service.
Limitation of liability
The User understands and accepts that the services contracted through this website are provided on an "as is" and "as available" basis.
In the event that the services are inaccessible, inoperable or malfunction for various reasons not attributable to the Provider, including but not limited to system errors, hardware or software errors (attributable, for example, to their manufacturer), malfunction or malfunction of equipment used by the Provider or any causes beyond the control of the Provider, the User absolves the Provider of any liability. In all these situations, the Supplier shall not be liable for any direct or indirect damage or prejudice to the user or third parties.
Notifications and announcements
dandix.de has the right to send the user notifications in connection with the management of the contractual relationship, including, but not limited to, notifications relating to the services covered by the contract, billing and payment, as well as cyber security warnings issued by the National German Cyber Security.
Modification of the Agreement
The Provider shall have the right to modify without any notice or other formality any of the provisions of the Agreement. Any modification is accepted by the users of the site by simply using any of the facilities offered by the site or the service or by accessing the site or the account, at any time after the modification has been made, and failure to accept any modification entails the obligation of the respective user to immediately cease accessing the site or the account or using the service in any way.
Dandix LTD does not assume the loss of customer data caused by HARWARE in any way, each customer is obliged to always have a backup copy of the data. We only offer liability for customers who have opted for separate backup server.
Protection of personal data stored by our customers on Dandix LTD. servers.
Dandix LTD., as a processor, processes under conditions of security and confidentiality, on behalf of users and only for the purpose of providing Dandix services, the data stored by users on its servers. The duration of the processing is equal to the duration of the contract between Dandix LTD. and the user.
The types of processing carried out by the Provider are: storage, copying (backup) and deletion, when, for whatever reason, it ceases to provide web hosting services.
Dandix LTD. does not hold information on the types of personal data and categories of data subjects that users collect and/or process in the storage space.
Taking into account the nature of the processing, Dandix LTD. assists the user, to the extent possible, in fulfilling the user's obligation to comply with personal data protection legislation.
Terms and Conditions Version 26/12/2022
