As of: January 2025
1.1. Scope of the GTC
These General Terms and Conditions ("GTC") apply to all supplies and services provided by DataDynamics GmbH, Im Markt 43, 3292 Gaming (hereinafter referred to as "Hostings.AT") to its contractual partners ("Customers", together with Hostings.AT referred to as "Parties" or individually as "Party") within the framework of a contract ("Contract").
The mutual rights and obligations of the Parties are primarily determined by the content of the Customer's offer accepted by Hostings.AT. The contractual services owed by Hostings.AT are referred to as "Services".
The GTC apply to contracts with consumers within the meaning of § 1 para 1 no 2 of the Consumer Protection Act ("KSchG") as well as to contracts with entrepreneurs within the meaning of § 1 para 1 no 1 KSchG ("Consumer" or "Entrepreneur").
With regard to Entrepreneurs, these GTC also apply to future transactions between the Parties if they have a factual connection to the present contractual relationship, even if no renewed reference is made to them when concluding a future contract. With regard to Consumers, the GTC apply if they have been agreed upon and made available prior to the conclusion of the respective transaction. Other terms and conditions of Hostings.AT apply in accordance with their agreement. General terms and conditions of the Customer (Entrepreneur) only apply if Hostings.AT has expressly agreed to them in writing.
1.2. Conclusion of Contract
A contract between Hostings.AT and the Customer is concluded when Hostings.AT has issued a confirmation of the order or application (in writing in the case of Entrepreneurs) after receiving the order or application.
Alternatively, a contract between Hostings.AT and the Customer is concluded when Hostings.AT has commenced the actual provision of services (e.g., setting up web space, placing necessary orders with third parties, disclosing user login and password, etc.).
We store the contract text and send you the order confirmation by email. For security reasons, your order data is no longer accessible via the Internet. The content of the contract, all other information, customer service, data information, etc., are offered in the German language.
1.3. Right of Withdrawal (for Consumer Contracts)
If the Customer is a Consumer, the relevant provisions of the Distance and Off-Premises Contracts Act (FAGG) apply to contracts concluded via distance selling (distance or off-premises transactions, § 1 FAGG).
The Customer has the right to withdraw from the contract within 14 days of its conclusion without giving reasons. No specific form is required.
If the Customer has requested Hostings.AT to begin performance of the contract before the withdrawal period has expired and subsequently withdraws from the contract, they must pay Hostings.AT an amount proportional to the services provided compared to the total scope of services provided for in the contract. If Hostings.AT has already fully performed the contract in this case, the right of withdrawal is lost and the full remuneration is payable.
1.4. Transfer of Rights and Obligations to Third Parties; Usage
Without prior and (for Entrepreneurs) written consent, Customers of Hostings.AT are not entitled to transfer the entire rights and obligations arising from this contract to a third party. However, individual rights (e.g., claims for repayment) may be transferred.
Hostings.AT is entitled to transfer its obligations in whole or in part, i.e., also with regard to individual services, or the entire contract with discharging effect to a third party and will notify the Customer thereof. This applies only to Entrepreneurs. Hostings.AT is also entitled to use vicarious agents.
The use of the contractual services by third parties, as well as the paid transfer of these services to third parties (reselling), requires the consent of Hostings.AT, which must be expressly given in writing for Entrepreneurs.
1.5. No Authority of Hostings.AT Employees
Sales partners or sales staff as well as technical staff of Hostings.AT do not have the authority to make declarations, give promises, or accept payments on behalf of Hostings.AT. With regard to a Consumer, a limitation of authority or lack of authority of sales partners or sales staff of Hostings.AT is only effective if the Consumer was aware of it.
2.1. Availability of Services
For technical reasons, it is not possible to guarantee that the services provided will be accessible without interruption even with due diligence, or that the desired connections can always be established. For example, due to technical reasons, it cannot be guaranteed that emails will arrive with certainty or that error messages will be sent. The delivery of emails may be prevented by spam filters, virus filters, etc. (set up by Hostings.AT or the Customer). The same applies to delays or data loss during transmission. The provisions of this section 2.1 do not affect the warranty and liability of Hostings.AT in accordance with sections 7 and 8.
With regard to Entrepreneurs, Hostings.AT accepts no responsibility in the event of restrictions or interruptions in service due to force majeure: official orders, restrictions on the services of other operators, changes to the technical infrastructure not initiated by Hostings.AT, or during repair and maintenance work. An official order or court order may legally oblige Hostings.AT to block access to certain services. If Hostings.AT is obliged to block a service, the Customer can no longer use it.
2.2. Obligations regarding Software
Hostings.AT only owes the functionality and compatibility of provided software with other programs of the Customer in accordance with the contractual agreement. The warranty rights of Consumers pursuant to section 7 are not restricted by this section 2.2.
2.3. Provisioning Period
The initial provision of services takes place within the period agreed upon when ordering or – whichever is later – from the time the Customer has created all technical and other prerequisites incumbent upon them (section 6.1) ("Provisioning Period").
2.4. Troubleshooting
Service disruptions of Hostings.AT will be remedied as quickly as possible within the scope of warranty obligations and liability pursuant to sections 7 and 8. In the event of delays, section 2.1 applies accordingly. The Customer must support Hostings.AT as far as possible in determining the cause of the fault and error.
2.5. Data Security
Hostings.AT will take all measures within the scope of professional diligence to protect the data stored at Hostings.AT. Should a third party succeed in illegally gaining control of or using data stored at Hostings.AT, Hostings.AT is only liable in the event of a breach of duty and in accordance with sections 7 and 8. The same applies if the Customer causes the loss of their own data.
In the event of service failure, Hostings.AT will repair defective components free of charge, including the original operating system settings, provided a backup exists. Data restoration is carried out from the last backup, which is performed once a week by Hostings.AT if agreed. If no backup was agreed upon or if the Customer requires additional backup copies, the Customer is responsible for this themselves. Backup copies should be stored at a location other than the server.
2.6. Discontinuation of Services, End-of-Life Policy (EOL)
Hostings.AT reserves the right to discontinue offering or providing services at any time, for any or no reason, and without prior notice. Even though Hostings.AT makes great efforts to maximize the lifespan of all services, it may happen that an offered service is discontinued or reaches its End-of-Life ("EOL"). If a product goes EOL, it will no longer be supported by Hostings.AT from the EOL date.
In an EOL case, Hostings.AT will contact the Customer at least 30 days before the EOL date. The responsibility for taking all necessary steps to replace the product or service lies with the Customer. Hostings.AT will offer the Customer a comparable product or, alternatively, a pro-rated refund. Hostings.AT is not liable to the Customer or third parties for any modification, suspension, or discontinuation of any of the services.
3.1. Software provided by Hostings.AT
In the event of the supply of software, Hostings.AT grants the Customer a non-transferable, non-exclusive right to use the software, unless explicitly agreed otherwise, provided that the Customer accepts the applicable license conditions for the software in advance. When using licensed third-party software, the third-party license conditions will be made available to the Customer in addition to Hostings.AT's conditions prior to the conclusion of the contract. Software accessed by the Customer that is qualified as "Public Domain" or "Shareware" is only brokered by Hostings.AT.
3.2. Installation of Own Software
In addition to the software provided by Hostings.AT, the Customer may only install other software if this is contractually agreed (and, except for Consumers, agreed in writing) and if the software serves a lawful purpose and does not harm third parties. The Customer must observe the manufacturer's software license conditions. Updates must be carried out independently; Hostings.AT does not perform updates. Hostings.AT is entitled to deactivate installed software in the event of violations if it endangers operational or data security.
4.1. Basics
The Customer acknowledges that the established fees do not include internet access (internet connectivity). The stated prices include statutory VAT. Gross prices are indicated for Consumers.
4.2. Right to Adjust Fees (Indexation)
Periodic fees are subject to indexation in accordance with the Consumer Price Index 2010 (VPI 2010) published by Statistics Austria, or an index replacing it. Domains are also covered by the indexation clause.
4.3. Premium Domains
Costs charged by a third-party registry for certain domains may in individual cases exceed the fees stated by Hostings.AT at the time of ordering ("Premium Domains"). In this case, the Customer's order cannot be executed (impossibility). Hostings.AT will contact the Customer to see if they wish to complete the order at the higher domain cost.
5.1. Content of the Invoice
Hostings.AT makes the invoice available in the Customer's client area and notifies the Customer by email.
5.2. Due Date
Unless otherwise agreed in detail, fees are payable at the beginning of each billing period (year or month) agreed upon when ordering. Payments are due without deduction upon receipt of the invoice.
5.3. Special Provisions for Certain Payment Methods
When paying by credit card, the Customer must ensure that the card is not blocked or expired. Costs associated with a breach of this provision shall be borne by the Customer.
5.4. Default of Payment
In the event of default of payment, Hostings.AT is entitled, after an unsuccessful reminder, to withhold its services (blocking) or to terminate the contractual relationship. Default interest is 4% p.a. For a reminder, Hostings.AT may charge the Customer reminder fees of EUR 10.00 if the default is the Customer's fault.
5.5. Objections to the Invoice
The Customer must raise objections to the claims made in the invoice within three months of receipt of the invoice. If no objections are raised, the claim is deemed accepted. This section 5.5 does not apply to Consumers.
5.7. Offsetting
Offsetting against open claims against Hostings.AT is generally excluded, except for Consumers in the event of Hostings.AT's insolvency or in the case of legally established claims.
6.1. Cooperation of the Customer
If the agreed scope of services does not include certain prerequisites for the service, these must be provided by the Customer at their own expense.
6.2. Obligation to Comply with Legal Regulations
The Customer undertakes to comply with applicable laws (Trademark Law, Prohibition Act, Copyright Act, Pornography Act, etc.). The Customer undertakes not to host illegal content on the server.
6.3. Responsibility for Content and Usage
The Customer undertakes not to misuse the services. Spamming or any use of the service to transmit threats or harm third parties is prohibited.
6.4. Security Regulations
The Customer undertakes to use secure passwords, firewalls, and regular updates. Passwords must be kept secret. In case of suspected unauthorized use, Hostings.AT must be informed immediately.
6.5. Obligation to Report Faults
The Customer must inform Hostings.AT of disruptions in service provision.
Warranty claims are fulfilled by improving (rectifying) the service. The Customer (if an Entrepreneur) must report defects immediately, but no later than within 14 working days in writing.
8.1. Scope of Liability
Hostings.AT is liable for property damage only in cases of intent or gross negligence. Liability for consequential damages is excluded for Entrepreneurs. Hostings.AT accepts no liability for third-party content.
8.2. Warning regarding Viruses, Hackers, etc.
Hostings.AT services do not provide absolute protection against viruses, trojans, or hacker attacks.
8.3. Exclusion of Liability for Customer Breaches
If the Customer causes damage through usage in breach of contract, Hostings.AT is not liable.
If the Customer violates their contractual or statutory obligations and Hostings.AT receives claims from third parties as a result of this violation, the Customer is obliged to hold Hostings.AT harmless and indemnify them.
10.1. Duration and Notice Period
Contracts concluded for an indefinite period may be terminated by both parties in writing with a notice period of one month to the end of each billing period.
10.2. Minimum Term
If a minimum contract term was agreed upon, ordinary termination only takes effect after its expiration. In the event of early termination for good cause by Hostings.AT, the remaining fee is payable.
10.3. Reasons for Suspension and Termination; Blocking
Important reasons for termination or blocking by Hostings.AT include, among others: payment default, spamming, excessive resource usage, endangering network security, or illegal content. Hostings.AT may temporarily block services in case of imminent danger.
10.5. Deletion of Data
Upon termination of the contractual relationship, Hostings.AT is entitled to delete the Customer's data. In the event of termination by the Customer, deletion occurs immediately after the end of the contract.
11.1. For domains, the conditions of the respective registries (e.g., nic.at, ICANN policies) apply in addition to the GTC of Hostings.AT. Hostings.AT acts as an intermediary. Hostings.AT automatically renews domain registrations for another year if the fee is paid in time (7 days before expiration). Otherwise, the domain will be locked and deleted after a grace period. The cost for "Restore" (restoration) can be requested from support.
11.2. Legal Admissibility of the Domain
Hostings.AT does not check the legal admissibility of the domain (e.g., for trademark infringement).
11.3. Termination and Transfer
Termination of a web hosting contract does NOT automatically terminate the domain. The domain must be terminated or transferred separately. If the Customer fails to do so, the payment obligation remains in effect.
12.1. Purpose
To ensure stability for all customers, Hostings.AT sets resource limits for each package.
12.2. Restrictions
Backup: Servers may not be used as pure backup storage.
Adult Content: Pornography is prohibited.
Chat/Bots: The operation of IRC bots or real-time chats on Shared Hosting is prohibited.
Prohibited Services: SEO farms, banner rotation, proxy services, crypto mining, Bittorrent, and web spiders are prohibited.
12.5. Exceeding Limits
If an account exceeds resource limits, Hostings.AT will seek a solution together with the Customer. In case of continued excess usage, Hostings.AT reserves the right to limit access.
12.6. Databases
Maximum simultaneous MySQL connections and other database parameters are limited according to the plan.
Remote access is only permitted for administrative purposes.
13.1. Applicable Law
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for Entrepreneurs is the registered office of DataDynamics.
13.2. Written Form
Changes require the written form (does not apply to Consumers).
13.4. Dispute Resolution Body
In the event of disputes, we commit to participating in the conciliation procedure of the Internet Ombudsman: www.ombudsstelle.at.
All prices include 20% VAT.
Acepted Payment Methods
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