General Terms and Conditions of AlphaNodes GmbH
- A. IT-SERVICES AND CONSULTING
- B. SOFTWARE DEVELOPMENT
- D. SERVICE AGREEMENT Managed Application Hosting
The basis for the use of our offers are our General Terms and Conditions. Furthermore, there are system policies (hereinafter referred to as “conditions”) for the various areas, which specify more precisely which use is possible. Our offer is aimed exclusively at corporate customers, entrepreneurs, tradesmen, freelancers and public authorities who use this service as part of their business activities.
D. Managed Application Hosting Service Agreements
By accepting these Terms on behalf of your employer or other legal entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such legal entity to these Terms; (ii) you have read and understood these Terms; and (iii) you agree to these Terms on behalf of the party you represent. If you do not have the authority to bind your employer or the relevant entity, please do not enter into a contract with us.
1. Service obligation, contact person, customer support
The performance obligations of AlphaNodes GmbH result from the performance description of the respective cloud package. Other promises, performance promises or ancillary agreements are only effective if they are confirmed in writing by AlphaNodes GmbH.
All Managed Application Hosting offers include written technical support during the specified support hours. Written support requests by the customer are made via the AlphaNodes customer area. The customer must use his customer access provided by us for this purpose (login: e-mail, password: customer password).
Support services not included in the service scope, as well as requests relating to individual problems, will be charged according to our current hourly rate on a time and material basis after prior consultation with the customer. Provided that this is (technically) possible and the activity does not affect the installation of future system updates / application updates.
In the case of work that can and is possible to be carried out by the customer himself, there is no entitlement to the work being carried out by support staff.
2. Monitored services / services / processes
- Web server (HTTP)
- Web application (application error messages)
- Databases (MySQL, PostgreSQL)
- Server load
- Hard disks (storage space utilisation)
To ensure the security and stability of the Managed Application Hosting product, process monitoring is carried out, which terminates the corresponding process in the event of excessive runtime and/or RAM utilisation.
3. Maintenance, operation and fault clearance
Maintenance of the Managed Hosting Application package and operating system updates are carried out by our technicians during business hours while the system is in operation. Unless a different time period is required due to the activity.
The server is monitored by AlphaNodes 24 hours a day for outages. A system outage will be handled during business hours. Customers can report emergencies via the AlphaNodes customer area by creating a support ticket there. An emergency is a server failure or the failure of a server service.
In order to ensure operation and fault clearance, as well as support or maintenance, we would like to point out that employees of AlphaNodes GmbH are entitled to access not only the server, but also the application itself with an administrator account at any time.
In addition, AlphaNodes GmbH is entitled to adapt the hardware and software used to provide the services to the respective state of the art. In the course of this, it may be necessary, among other things, for the customer to be migrated to another server without requiring his consent.
4. Access to the server and the cloud package
With Managed Application Hosting cloud packages, root access by customers to the server is generally not possible. The operation of additional software or libraries is generally not possible.
Subject to these Terms and during the applicable Term, you may access and use the Cloud Product booked for your own business purposes, if applicable, all in accordance with these Terms. The rights granted to you in this section 4 are non-exclusive, unsublicensable and non-transferable.
Except as otherwise expressly permitted in these conditions, you may not: (a) reproduce, modify, adapt or create derivative works from the Cloud Packages; (b) rent, lease, share, sell, sublicense, or transfer the Cloud Packages to any third party; (c) use the Cloud Packages for the benefit of any third party; (d) integrate the Cloud Packages into a product or service that you provide to a third party; (e) interfere with or otherwise circumvent mechanisms in the Cloud Packages designed to restrict your use; (f) reverse engineer, disassemble, decompile, translate or otherwise attempt to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs of any Cloud Packages, except as expressly permitted by applicable law (and then only with the permission of AlphaNodes GmbH); (g) remove or obscure any proprietary or other notices contained in any Cloud Product; (h) use the Cloud Packages for competitive analysis or competitive product development; (i) publicly disseminate information about the performance of the Cloud Packages; or (j) encourage or assist any third party to take any of the foregoing actions.
5. Administrative access for customers and duty to cooperate
The customer receives an identification with administrator permission to the ordered application. The customer is responsible for the further configuration of the application, as well as the creation of user accounts (end users) on the system etc.. We require that the access data transmitted to the customer for the administration of the application be treated as strictly confidential and that the information not be passed on to unauthorised persons. User IDs are allocated to individual, named persons and may not be passed on. AlphaNodes GmbH cannot and will not be liable for any loss or damage arising from the customer’s failure to comply with this security obligation. You are responsible for all actions taken using administrator accounts, end user accounts and passwords. And you agree to notify us immediately of any unauthorised use of which you become aware.
Responsibility for end users. Application users are determined by the application administrator; or the application administrator determines how users can log on to the system. As a customer, you are responsible for understanding the settings and controls for each cloud package you use and for controlling who you allow to become end users.
The customer will not place any illegal content on the booked cloud package that violates the laws, regulatory requirements or rights of third parties. The customer shall indemnify AlphaNodes GmbH against any claims by third parties for which the customer is responsible, including the costs triggered by the claim.
6. Use of your data
AlphaNodes GmbH has in principle no claim to the use of data, applications and information of the customer. Rights and obligations arising from this are the exclusive responsibility of the customer. However, the customer grants us a spatially unlimited, licence fee-free, non-exclusive right to use data / applications and other information covering all types of use, insofar as this is necessary in order to provide the contractual services.
Insofar as AlphaNodes GmbH acts as a processor for the customer within the meaning of Art. 28 (3) GDPR, special regulations on the commissioning agreement shall apply.
7. Domain name ownership
If you want to specify your own domain for the operation of a cloud product, you must be the owner of this domain or control this domain. The necessary name server entry must be set by you according to our indications. If you do not own or control the domain you specify, you cannot use your own domain. Regardless of whether this possibility of use is part of the service description.
8. Prohibited actions
In order for us to operate a performant, secure and reliable network for our customers:
(a) we are entitled to limit the API requests for booked cloud packages. (b) the sending of spam mails is prohibited. This includes in particular the sending of unauthorised, unsolicited advertising to third parties. When sending e-mails, it is also prohibited to provide false sender data or to disguise the identity of the sender in any other way. In the event of non-compliance, we are entitled to block access.
9. Storage space limitation
Depending on the cloud package you have booked, there are so-called storage space limits which affect the data you process. The storage space available to you depends on the cloud package booked and the information stored on the website. AlphaNodes GmbH reserves the right to inform the customer if the storage space limit is exceeded. If additional storage space is required or a larger package is booked, the customer will incur additional costs for this. The storage space limit can be adjusted by AlphaNodes GmbH at any time without prior notice and without giving reasons.
10. Data backup
All Managed Application Hosting offers have a daily backup. Backups are stored in encrypted form. For security reasons, no download option is offered. Restoring the backup (restore) is only possible through AlphaNodes GmbH.
11. Let’s Encrypt
Let’s Encrypt is a service offered by the Internet Security Research Group (ISRG). AlphaNodes GmbH is only a distributor of Let’s Encrypt certificates and has no influence on the service. Therefore, we do not assume any warranty or liability for the functionality, availability, stability and reliability of Let’s Encrypt certificates. It is also not guaranteed that Let’s Encrypt certificates will remain permanently free of charge and can be provided permanently free of charge by AlphaNodes.
12. Additional services
Subject to these terms and conditions, customers may add additional services based on the AlphaNodes service offering. Such additional services may be subject to different policies and may be subject to additional charges.
13. Payment and billing
Unless otherwise expressly agreed with the customer in writing, all monthly charges are due in full at the beginning of the billing period. As a rule, from the provision date. The customer is obliged to keep the account information, including the payment information, up to date and to update it immediately if there are any changes (e.g. a change in the billing address or the expiry date of your credit card).
If the booked cloud package fees or other charges are not paid within five (5) days of our notice of default. Or if the payment information is not updated after our request to the customer, AlphaNodes GmbH may, in addition to any other remedies, suspend access to and use of the booked Cloud Packages by the customer and its end users.
If payment is made via Paypal, the relevant T&Cs of Paypal shall apply in addition to these Terms and Conditions. If payment is made via Stripe, the relevant Stripe T&Cs apply in addition to these Terms.
14. Term of contract and termination
Unless otherwise contractually agreed, the contracts are concluded for an indefinite period.
The minimum term of the cloud packages is one (1) month, unless otherwise agreed. Termination is two (2) weeks to the end of the performance period. Termination shall in no case release the customer from its obligation to pay fees payable to us for the period prior to the effective date of termination.
Upon termination of a booked Managed Application Hosting Cloud Package, access to the application will be blocked at the end of the term and the data will be immediately and irrevocably deleted. The customer is therefore expressly required to independently save or export his data in good time before the end or to arrange for migration of the data (e.g. backup) to another system. Additional costs may be incurred for this, which the customer must pay before the end of the ordered service.