General terms and conditions

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1 | The user of the terms and conditions is

oneCorp GmbH
Managing Director: Tristan Fischer
Gueterbahnhofstrasse 11
D-69151 Neckargemuend
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Phone: +49 6223 800995-0
Fax: +49 6223 800955-9
email: info@onecorp.eu

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2 | General, scope

oneCorp GmbH (“provider”) provides all deliveries and services exclusively on the basis of these terms and conditions (“GTC”), price lists and individual contracts. These general terms and conditions also apply to future transactions between the parties. We do not accept the customer's terms and conditions that differ in whole or in part from these terms and conditions, unless we have expressly agreed to them in writing.

The provider is entitled to change the content of this contract with the customer's consent, provided that the change is reasonable for the customer taking into account the interests of the provider. Consent to the contract amendment is considered given unless the customer objects to the change, which is sent by e-mail from the provider, within four weeks of receipt of the notification of change. With the notification of change, the provider undertakes to inform the customer of the consequences of a failure to object.

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3 | Subject of contract/Conclusion of contract/Right of withdrawal

The content of the contract is based on the conditions described on the provider's website. The contract between oneCorp GmbH and the customer is concluded when the online order form is sent. By concluding the contract, the provider undertakes to provide and the customer to accept and pay for the services provided. If the customer is a consumer (§ 13 BGB), the following applies: You can cancel your contract declaration within two weeks without giving reasons by email/ticket or by canceling the order in the web interface. The period begins at the earliest upon receipt of this notice, but not before the conclusion of the contract and also not before fulfilment of our information obligations in accordance with Section 312c Paragraph 2 BGB in conjunction with Section 1, 2 and 4 BGB InfoV. In order to meet the withdrawal period, it is sufficient to send the cancellation declaration (or any hardware delivered) in good time within the aforementioned period. You can easily cancel your order within the customer web interface by entering “Order cancellation”.

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4 | Please also note the following special notes:

Your right of withdrawal expires prematurely if the contract is fully fulfilled by both parties at your express request before you have exercised your right of withdrawal. Withdrawal is excluded in the case of contracts for server systems specially assembled and configured according to customer information. The right of withdrawal also expires if the provider starts providing the service after the contractually agreed initial date or if the end user actively uses the service. The above right of withdrawal does not apply if the legal transaction can be attributed to your commercial or professional activity.

5 | Payment of fees

Unless other agreements have been made, contracts are concluded for an indefinite period of time. The services can be canceled at any time at the end of the billing period via the web interface or by e-mail. Any credits resulting from a cancellation cannot be refunded. This does not apply if otherwise agreed with the customer. The provider is entitled to cancel the contract without giving reasons with a notice period of 1 month to the end of the calendar month. The contract can also be terminated by the customer himself at the end of the paid billing period. The invoices issued before the termination takes effect, for services performed and delivered up to that point, must be paid by the customer. Any credit resulting from the cancellation cannot be refunded

The right of both parties to terminate without notice for good cause remains unaffected.

6 | Termination/ Contract period

7 | General obligations of the customer

The customer is responsible for all content that the customer keeps available or stores on the products he has purchased. As part of his obligation to comply with legal and contractual regulations, the customer is also responsible for the conduct of third parties who act on his behalf, in particular vicarious and vicarious agents. This also applies to other third parties to whom he knowingly provides access data to the provider's services and services. The provider is not obliged to check the customer's product for possible legal violations.

The customer undertakes not to offer or distribute copyrighted content without authorization.

The unlimited data transfer is based on the fair use principle and does not cover the following types of use: file sharing of any kind (P2P, torrent, one-click host, download and video portals, etc.), streaming of any kind, proxy and anonymization services of any kind (Tor, etc.), Bitcoin mining. If used excessively, the bandwidth is reduced to 10 Mbps.

In addition, the operation of the following services is prohibited:

resource sharing, grid computing, etc.
Download portals e.g. for game servers, patches, CDs, DVDs, images, etc.
Video portals and streaming servers of all types
File sharing of any kind
TOR servers or other services that can be used for anonymization
Mono/Wine applications are prohibited on our hosting systems
After installing a desktop environment, this is not allowed on our hosting systems.
Intentional overload of services (e.g. 100% CPU load over a longer period of time)

In addition, it is prohibited to provide appropriate links that refer to P2P file sharing sites, download services, streaming services or top lists or their content. In the event of violations, the provider reserves the right to disconnect the product from the network without notice and to cancel the contract.

The customer undertakes to keep the passwords received from the provider for access purposes strictly secret and to inform the provider immediately as soon as he becomes aware that the password is known to unauthorized third parties.

The customer assures that the data provided by him to the provider is correct and complete. He undertakes to immediately inform the provider of any changes to all data. This includes in particular the name and postal address of the customer, the legal representative (s) in the case of companies, the name, postal address, e-mail address and telephone and fax number of the technical contact person for the services.

The customer undertakes to immediately and completely inform the provider if he is claimed in court or out of court as a result of the use of the services subject to the contract.

It is the responsibility of the customer to regularly back up all files and software settings to which he can access. Data backup must be carried out in advance of any change made by the customer and before maintenance work by the provider, insofar as this has been announced in good time by the provider. The backup copies made by the customer must in no way be stored on the products/services.

The customer undertakes not to send or have emails containing advertising sent without the express consent of the respective recipient. This applies in particular if the relevant emails with the same content are distributed en masse (so-called “spamming”). If the customer breaches the above obligation, the provider is entitled to block the service immediately. The content retrievable from the service, stored data, displayed banners and the keywords used when entering in search engines must not violate legal prohibitions, good decency or the rights of third parties (in particular trademarks, name and copyrights). The customer is expressly prohibited from offering or having offered pornographic content and profit-making services that involve pornographic or erotic content. This applies even if the content is stored on a server other than that of the provider and can only be reached via a domain or subdomain or redirection registered by the provider.

The provider reserves the right to block content that could impair normal operating behavior or the security of the server systems in principle or to prevent its operation in individual cases. The provider also reserves the right to block the customer's offer without warning if the customer allows its own programs to work as part of its offer that impair normal operating behavior or the security of the servers.

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8 | Limitation of Liability/Compensation Claims

Claims for damages arising from impossibility of performance, positive breach of claim, fault in the conclusion of the contract and tort are excluded both against the provider and the relationship with its performance and vicarious agents, unless there is intentional or grossly negligent action.

Compensation claims due to the operational failure of an Internet server can be made up to a monthly fee for the rented service from a downtime of more than 72 hours (in a row (without interruption). Should financial losses be claimed, these must be proven and, after verification, will be reimbursed up to an amount of 1 month's rent.

The user is responsible for backing up data (creating local backups) of user data provided by the provider's service. The provider assumes no liability for any damage caused to the data transferred to the service.

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9 | Please also note the following special notes

10 | Performance disorders

The provider is only responsible for service disruptions insofar as these affect the services to be provided by it. In particular, the provider is not responsible for the functionality of the customer's actual website, consisting of the data uploaded to the service (e.g. HTML files, Flash files, scripts, etc.). Within the scope of technical and operational possibilities, the provider must eliminate faults immediately. The customer is obliged to immediately report any faults to the provider (“fault report”). If the fault is not resolved within a reasonable period of time, the customer must give the provider a reasonable period of grace. If the fault is not remedied within this grace period, the customer is entitled to compensation for the damage he has suffered within the framework of a monthly fee. If the functionality of the service is impaired as a result of content that is not in accordance with the contract or due to use beyond the contractually required use, the customer cannot assert any rights with regard to disruptions based on this. In the event of force majeure, the provider is exempted from the obligation to perform. These include in particular lawful industrial action, including in third-party companies and official measures, as well as hardware defects that are not the fault of the provider. We would like to point out that personal data is stored as part of the execution of the contract.

The customer is aware that the content stored on the services can be viewed by the provider at any time from a technical point of view. In addition, it is theoretically possible that the customer's data may be viewed by unauthorized third parties when transmitting data over the Internet.

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10 | Final provisions

The place of jurisdiction for all claims arising from the contractual relationships between the contracting parties, in particular regarding the formation, execution or termination of the contract, insofar as the customer is a registered trader, legal entity under public law or a special fund under public law, is Heidelberg. Alternatively, the provider can also sue the customer at its general place of jurisdiction. The contracts concluded by the provider on the basis of these terms and conditions and for the resulting claims, of whatever nature, are governed exclusively by the law of the Federal Republic of Germany, excluding the provisions on the Uniform UNSales Law on the Purchase of Movable Property (CISG).

Should provisions of these terms and conditions and/or the contract be or become invalid, this does not affect the effectiveness of the remaining provisions. The contracting parties commit themselves to enter into a valid agreement in place of an invalid provision whose economic success comes as close as possible to that of the ineffective provision.

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