Bitte hier klicken für die deutsche Variante.
### Terms of Service (TOS)
#### 1. Scope
These Terms of Service (TOS) apply to all business relationships between Rehberg and Grünwald GbR, represented by the managing directors Eric Rehberg and Lennard Grünwald, and the customer in the version valid at the time of the conclusion of the contract. These TOS apply to all services offered through the website servers.solar and all associated subdomains. Rehberg and Grünwald GbR operates on the website under the name "SolarServers" or "Solar Servers".
#### 2. Subject of the Agreement
Solar Servers provides services related to the provision of virtual servers (VPS). The specific scope of services is detailed in the service description on the website and the individual agreement with the customer.
#### 3. Contract Formation
The contract is formed when the customer places an order through the website, and Solar Servers accepts this order. The customer will receive a confirmation email after placing the order. The contract is effective upon the customer's receipt of this confirmation email.
#### 4. Right of Withdrawal
4.1 **Exclusion of Withdrawal Right:** The customer expressly agrees that Solar Servers will commence the execution of services immediately upon contract formation. By agreeing to the immediate commencement of services, the customer acknowledges that their right to withdraw from the contract is forfeited upon the start of service execution.
4.2 **Legal Basis:** According to Section 356(5) of the German Civil Code (BGB), the right of withdrawal for a service contract expires if the service has been fully performed by the entrepreneur, provided the performance began after the consumer expressly consented to such commencement and acknowledged that they would lose their right of withdrawal upon full performance of the contract.
4.3 **Exception:** If the service is not provided as described or contains significant defects, the customer's statutory warranty rights remain unaffected.
#### 5. Pricing and Payment
5.1 **Pricing:** Prices are as listed in the current price list on the website. Payments are to be made monthly in advance (prepaid plan).
5.2 **Invoices:** The customer will receive an invoice via email.
5.3 **Termination:** Either party may terminate the contract at any time. Upon termination, the server product will continue until the end of the current billing period and will not be automatically renewed.
#### 6. Customer Obligations
6.1 The customer agrees not to use the provided servers for illegal purposes and to comply with applicable laws and regulations.
6.2 The customer is responsible for safeguarding the access credentials for their account and the provided servers, ensuring they are not accessible to third parties.
6.3 The customer agrees not to host or distribute content that violates applicable laws, including but not limited to copyright-infringing, illegal, or harmful content.
#### 7. Liability
7.1 Solar Servers is liable only for intent and gross negligence. Liability for slight negligence is excluded unless essential contractual obligations (cardinal obligations) are violated.
7.2 Solar Servers is not liable for content distributed by the customer or third parties via the provided servers. The customer indemnifies Solar Servers against all third-party claims resulting from illegal actions or content violations made accessible by the customer through the provided servers.
7.3 Liability for damages resulting from injury to life, body, or health remains unaffected.
7.4 Solar Servers assumes no liability for data loss or damage resulting from the use of the provided servers. The customer is responsible for regular backups of their data.
#### 8. Data Protection
Solar Servers processes personal data of the customer in accordance with the General Data Protection Regulation (GDPR) and its privacy policy, which is available on the website. Details on data processing are explained in the privacy policy.
#### 9. Contract Duration and Termination
9.1 The contract is concluded for an indefinite period and can be terminated by either party at any time.
9.2 After termination, the server product will continue until the end of the current billing period and will not be automatically renewed.
9.3 The right to terminate without notice for good cause remains unaffected.
#### 10. VPS Core Operation
10.1 **Usage Restrictions:** The customer agrees not to permanently overload the assigned VPS cores. Utilization of more than 70% CPU performance for longer than 45 minutes is considered excessive use.
10.2 **Actions for Excessive Use:**
a) **Temporary Deactivation:** Should the customer operate the VPS cores at more than 70% performance for longer than 45 minutes, Solar Servers reserves the right to deactivate the relevant server for up to 24 hours.
b) **Immediate Termination:** In the event of more than three instances of excessive use during the contract term, Solar Servers reserves the right to terminate the contract immediately. In such a case, the customer is entitled to a refund of the pro-rated remaining balance of the prepayment, minus any transaction costs and an administrative fee of €15.
#### 11. Excessive Data Usage (Traffic/Bandwidth)
11.1 Usage Restrictions: The customer agrees not to exceed the assigned monthly data usage. Excessive data usage is defined as traffic that exceeds the fair-use policy. Rehberg und Grünwald GbR reserves the right to terminate the contract if the customer exceeds a monthly traffic limit of 5 TB.
11.2 Measures for Excessive Data Usage:
a) Temporary Deactivation: If the customer uses more than 10% of the physically available bandwidth for over 3 hours, Rehberg und Grünwald GbR reserves the right to temporarily deactivate the respective server for up to 24 hours.
b) Immediate Termination: In case of more than three incidents of excessive data usage or bandwidth overuse during the contract period, Rehberg und Grünwald GbR reserves the right to terminate the contract without notice. In such cases, the customer is entitled to a refund of the prorated remaining amount of the prepayment, minus any transaction fees and an administrative fee of €15.
The specified bandwidth for virtual servers refers to the physically available bandwidth of the host system, and all customers on the virtual servers share this bandwidth. To ensure fairness among all users, these regulations have been implemented.
#### 12. Operating System Licenses
12.1 Unless explicitly stated otherwise in the product description, licenses for operating systems are not included in the purchase price.
12.2 Only a trial version of the operating system will be installed, if technically possible.
12.3 The customer is responsible for purchasing a valid license for the operating system and complying with the corresponding licensing terms.
#### 13. Final Provisions
13.1 Should any individual provisions of these TOS be invalid, the validity of the remaining provisions shall not be affected.
13.2 Contracts between Solar Servers and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
13.3 The place of jurisdiction for all disputes arising from contractual relationships between the customer and Solar Servers is the registered office of Solar Servers, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.
### Terms of Service (TOS)
#### 1. Scope
These Terms of Service (TOS) apply to all business relationships between Rehberg and Grünwald GbR, represented by the managing directors Eric Rehberg and Lennard Grünwald, and the customer in the version valid at the time of the conclusion of the contract. These TOS apply to all services offered through the website servers.solar and all associated subdomains. Rehberg and Grünwald GbR operates on the website under the name "SolarServers" or "Solar Servers".
#### 2. Subject of the Agreement
Solar Servers provides services related to the provision of virtual servers (VPS). The specific scope of services is detailed in the service description on the website and the individual agreement with the customer.
#### 3. Contract Formation
The contract is formed when the customer places an order through the website, and Solar Servers accepts this order. The customer will receive a confirmation email after placing the order. The contract is effective upon the customer's receipt of this confirmation email.
#### 4. Right of Withdrawal
4.1 **Exclusion of Withdrawal Right:** The customer expressly agrees that Solar Servers will commence the execution of services immediately upon contract formation. By agreeing to the immediate commencement of services, the customer acknowledges that their right to withdraw from the contract is forfeited upon the start of service execution.
4.2 **Legal Basis:** According to Section 356(5) of the German Civil Code (BGB), the right of withdrawal for a service contract expires if the service has been fully performed by the entrepreneur, provided the performance began after the consumer expressly consented to such commencement and acknowledged that they would lose their right of withdrawal upon full performance of the contract.
4.3 **Exception:** If the service is not provided as described or contains significant defects, the customer's statutory warranty rights remain unaffected.
#### 5. Pricing and Payment
5.1 **Pricing:** Prices are as listed in the current price list on the website. Payments are to be made monthly in advance (prepaid plan).
5.2 **Invoices:** The customer will receive an invoice via email.
5.3 **Termination:** Either party may terminate the contract at any time. Upon termination, the server product will continue until the end of the current billing period and will not be automatically renewed.
#### 6. Customer Obligations
6.1 The customer agrees not to use the provided servers for illegal purposes and to comply with applicable laws and regulations.
6.2 The customer is responsible for safeguarding the access credentials for their account and the provided servers, ensuring they are not accessible to third parties.
6.3 The customer agrees not to host or distribute content that violates applicable laws, including but not limited to copyright-infringing, illegal, or harmful content.
#### 7. Liability
7.1 Solar Servers is liable only for intent and gross negligence. Liability for slight negligence is excluded unless essential contractual obligations (cardinal obligations) are violated.
7.2 Solar Servers is not liable for content distributed by the customer or third parties via the provided servers. The customer indemnifies Solar Servers against all third-party claims resulting from illegal actions or content violations made accessible by the customer through the provided servers.
7.3 Liability for damages resulting from injury to life, body, or health remains unaffected.
7.4 Solar Servers assumes no liability for data loss or damage resulting from the use of the provided servers. The customer is responsible for regular backups of their data.
#### 8. Data Protection
Solar Servers processes personal data of the customer in accordance with the General Data Protection Regulation (GDPR) and its privacy policy, which is available on the website. Details on data processing are explained in the privacy policy.
#### 9. Contract Duration and Termination
9.1 The contract is concluded for an indefinite period and can be terminated by either party at any time.
9.2 After termination, the server product will continue until the end of the current billing period and will not be automatically renewed.
9.3 The right to terminate without notice for good cause remains unaffected.
#### 10. VPS Core Operation
10.1 **Usage Restrictions:** The customer agrees not to permanently overload the assigned VPS cores. Utilization of more than 70% CPU performance for longer than 45 minutes is considered excessive use.
10.2 **Actions for Excessive Use:**
a) **Temporary Deactivation:** Should the customer operate the VPS cores at more than 70% performance for longer than 45 minutes, Solar Servers reserves the right to deactivate the relevant server for up to 24 hours.
b) **Immediate Termination:** In the event of more than three instances of excessive use during the contract term, Solar Servers reserves the right to terminate the contract immediately. In such a case, the customer is entitled to a refund of the pro-rated remaining balance of the prepayment, minus any transaction costs and an administrative fee of €15.
#### 11. Excessive Data Usage (Traffic/Bandwidth)
11.1 Usage Restrictions: The customer agrees not to exceed the assigned monthly data usage. Excessive data usage is defined as traffic that exceeds the fair-use policy. Rehberg und Grünwald GbR reserves the right to terminate the contract if the customer exceeds a monthly traffic limit of 5 TB.
11.2 Measures for Excessive Data Usage:
a) Temporary Deactivation: If the customer uses more than 10% of the physically available bandwidth for over 3 hours, Rehberg und Grünwald GbR reserves the right to temporarily deactivate the respective server for up to 24 hours.
b) Immediate Termination: In case of more than three incidents of excessive data usage or bandwidth overuse during the contract period, Rehberg und Grünwald GbR reserves the right to terminate the contract without notice. In such cases, the customer is entitled to a refund of the prorated remaining amount of the prepayment, minus any transaction fees and an administrative fee of €15.
The specified bandwidth for virtual servers refers to the physically available bandwidth of the host system, and all customers on the virtual servers share this bandwidth. To ensure fairness among all users, these regulations have been implemented.
#### 12. Operating System Licenses
12.1 Unless explicitly stated otherwise in the product description, licenses for operating systems are not included in the purchase price.
12.2 Only a trial version of the operating system will be installed, if technically possible.
12.3 The customer is responsible for purchasing a valid license for the operating system and complying with the corresponding licensing terms.
#### 13. Final Provisions
13.1 Should any individual provisions of these TOS be invalid, the validity of the remaining provisions shall not be affected.
13.2 Contracts between Solar Servers and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
13.3 The place of jurisdiction for all disputes arising from contractual relationships between the customer and Solar Servers is the registered office of Solar Servers, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.
