Scope of Application, Amendments

1.1 These General Terms and Conditions (GTC) of OIT.One GmbH (limited liability) (hereinafter “OIT”) apply to all services provided by OIT.One GmbH (limited liability).

1.2 OIT provides services exclusively on the basis of these General Terms and Conditions. This applies in particular even if the customer uses its own general terms and conditions and those terms and conditions contain conflicting or differing provisions. These General Terms and Conditions shall also apply if OIT carries out the order without reservation while being aware of the customer’s conflicting or differing terms and conditions.

1.3 OIT may amend these Terms and Conditions with reasonable notice. If the customer does not object to the amendment within one month of being notified of the amendment, the amendment shall be deemed approved.

1.4 OIT may send information and notices relating to the contractual relationship to the customer’s email address. Notices are deemed delivered upon receipt and availability at that address, regardless of the date on which the customer actually accesses such messages.

1.5 Any amendments, additions, or collateral agreements to this contract must be in writing to be effective. The written form requirement also applies to any waiver of this requirement.

1.6 Should any provision of the contract or these General Terms and Conditions be or become invalid, or should the contract be incomplete, the remaining provisions of the contract shall remain unaffected. The parties shall replace an invalid provision with one that most closely approximates the economic intent of the invalid provision in a legally valid manner. The same applies to any gaps in the contract.

Contractual Relationship

2.1 The contractual relationship regarding the services is generally established between the customer and OIT. An exception to this is the registration and provision of domains, in which case the customer commissions OIT to register the domain on the customer’s behalf within the framework of an agency agreement. For the registration of top-level domains, in addition to these Terms and Conditions, the respective registration policies for the top-level domain and the terms and conditions of the respective registrar—which can be viewed on the respective websites—apply. These become an integral part of the contract between the customer and OIT. Should these guidelines change, or should the general conditions for the registration and maintenance of domains change for other reasons, OIT and the customer shall adjust their contractual relationship accordingly.

2.2 The customer may not assume that a domain has actually been assigned until the Internet service has been made available under the desired domain. We cannot accept any liability for the assignment of ordered domains.

Services

3.1 The availability of the OIT servers and data paths up to the point of connection to the Internet shall be at least 99.9 % on an annual average. However, OIT does not guarantee the uninterrupted availability of data and may use the remaining time for technical work. OIT shall not be liable for any data loss, interrupted data transfers, or other problems resulting from technical failures.

3.2 For services in which, according to the specifications, all data traffic is included, the data transfer volume is unlimited as long as the normal operation of the infrastructure is not jeopardized by excessive load.

3.3 Unless otherwise specified in a separate order, the customer is not entitled to a dedicated IP address, a dedicated physical server for its content, or dedicated bandwidth.

3.4 To the extent necessary and reasonable, the customer shall cooperate in the event of a change, for example, by re-entering login credentials or making simple adjustments to its systems.

3.5 OIT is entitled to engage third-party service providers and vicarious agents to perform part or all of the services. OIT is also entitled to change the Internet infrastructure used and the service providers and agents commissioned to carry out the services at any time without separate notice, provided that this does not result in any disadvantages for the customer.

Contract Start Date, Term, and End Date

4.1 The customer’s order for the contractual services constitutes an offer by the customer, which OIT accepts by confirming the order or by commencing the provision of services.

4.2 For new customers, OIT reserves the right to provide the service only upon receipt of advance payment. In this case, OIT will not begin performing the contractual services until the advance payment has been received.

4.3 The customer and OIT may terminate the contractual relationship without providing a reason, subject to a 4-week notice period ending at the end of the respective term. Notice of termination must always be given through the customer portal (https://login.oit.one). Termination for cause may also be effected by email due to the urgency of the matter.

4.4 If the customer does not terminate a contract within the specified notice period, the contract is automatically extended for the respective minimum contract term, but by no more than 1 year.

4.5 OIT may discontinue free services or free additional services at any time with 30 days' notice.

4.6 This does not affect the right to terminate the agreement without notice for good cause. Good cause exists, in particular, if the customer, despite receiving a corresponding reminder, defaults on payment of an amount equal to at least two monthly fees.

4.7 In the event of termination for cause, OIT is entitled to immediately deny access to the service and to delete the Internet addresses (domains) associated with this contractual relationship. In this case, OIT may also immediately block and delete stored content and email messages without setting a grace period.

Fees

5.1 For each payment transaction, the customer receives an electronic invoice with a payment term of 7 days. The monthly or annual flat fee is billed in advance for the billing period selected at the time of order. One-time fees, setup fees, and purchase prices for other products are billed upon delivery of the service or in advance, e.g., before delivery.

5.2 If the scope of services included in the package is exceeded, the customer is obligated to pay an additional fee in accordance with the currently valid price list. If the customer does not use the services included in the package, or uses them only partially, the customer remains obligated to pay the full amount. The same applies if OIT has legitimately withheld its services.

5.3 OIT is entitled to adjust the agreed-upon fee to reflect changing market conditions. OIT shall notify the customer of any price change at least four weeks before it takes effect (typically the next billing period). If the customer objects within two weeks of receiving the notice of the price change and no agreement can be reached, either party is entitled to terminate the contract with two weeks’ notice (special right of termination). If the customer does not exercise their right to object or if notice of termination is not given in a timely manner, the announced price change shall take effect; in the event of untimely termination, the contract shall end upon expiration of the contract term. However, this special right of termination for the customer does not apply to price changes resulting from changes in tax or duty laws, or from changes in procurement costs or prices. This applies in particular to adjustments resulting from changes in energy costs, software licenses, etc., which are beyond OIT’s control.

5.4 If the contract start date or end date does not fall on the first day of a month, those months will be billed on a pro-rata basis, with each day counted as 30 days.

5.5 The customer may set off claims against OIT only with undisputed or legally enforceable counterclaims.

5.6 If the customer defaults on payment of a fee, OIT has the right to withhold the contractual services or deny the customer access until payment is made.

5.7 Hardware and other goods remain the property of OIT until the corresponding invoice has been paid in full.

Customer Obligations

6.1 The customer is required to provide all necessary information completely and accurately and to report any changes immediately. This applies in particular to address information, bank account details, and the email address.

6.2 If the information required under the applicable registration terms and conditions for a domain turns out to be incorrect, OIT may have the domain deleted.

6.3 If the Customer is not the domain owner and/or discloses personal data of third parties—in particular, the admin-C or technical contact—the Customer shall inform such third parties of the disclosure of their personal data and obtain their consent to the collection, use, disclosure, and publication for the purpose of fulfilling the contract.

6.4 The customer is required to notify OIT in writing or by email of any apparent access disruptions immediately, but no later than 7 calendar days after becoming aware of them (disruption report).

6.5 The customer is required to configure its systems and programs in such a way that the security, integrity, or availability of OIT’s or third parties’ systems, networks, and data are not compromised.

6.6 The customer shall create backup copies of all data. If it becomes necessary to restore the data on OIT’s systems, the customer shall transfer the relevant data sets to OIT’s server once again at no charge.

6.7 The customer shall ensure that its domain(s) and content do not violate any legal provisions or the rights of third parties. The customer is solely responsible for all content created or published by it, through its login credentials, or by third parties.

6.8 Furthermore, posting pornographic, extremist, or immoral content as part of the service is not permitted.

Legal Consequences of Violations and Hazards

7.1 OIT may suspend services if systems operate or respond in a manner that deviates from normal operating behavior and thereby compromise the security, integrity, or availability of OIT’s or third parties’ systems, networks, and data. This also applies if OIT has reason to suspect such a compromise based on objective evidence.

7.2 If third parties provide credible evidence that content or domains infringe their rights, or if objective evidence suggests that domains or content are likely to violate legal provisions, OIT may block the content for as long as the infringement or the dispute with the third party regarding the infringement continues.

7.3 OIT may, based on objective criteria, reject emails addressed to its customers if there are grounds to believe that an email contains malware, that the sender information is false or disguised, or that the email constitutes unsolicited or disguised commercial communication.

7.4 The domain holder shall indemnify OIT against any and all claims for damages by third parties arising from the registration of the domain.

Email

8.1 The customer agrees that OIT and its partners may send informational emails to the customer’s email address to a reasonable extent.

8.2 OIT is authorized to delete emails received in the provided email accounts: a) after they have been retrieved by the customer, b) after they have been forwarded in accordance with the customer’s instructions, c) after they have been stored for 60 days.

OIT's Liability

9.1 OIT shall be liable for damages only in cases of willful misconduct or gross negligence on the part of OIT or its agents. If OIT or one of its agents breaches a material contractual obligation (cardinal obligation) in a manner that jeopardizes the purpose of the contract, liability is limited to the typical damages that OIT could reasonably have foreseen at the time the contract was concluded, unless the breach of duty is committed intentionally or through gross negligence.

9.2 This limitation does not apply in cases of injury to life, limb, and/or health, or in cases of liability under the Product Liability Act.

9.3 To the extent that the customer is a business, a legal entity under public law, or a special fund established under publicfund, liability—except in cases of willful misconduct or gross negligence—is limited to the total amount of contractual fees that the customer has paid to OIT under the specific contractual relationship during the two-year period preceding the occurrence of the event causing the damage.

Special Provisions for Resellers

10.1 OIT is prepared, on the basis of these Terms and Conditions, to manage Internet services and associated domains for which the right of use is held not by the Customer itself, but by its contractual partners (end customers). In such cases, the Customer remains OIT’s sole contractual partner.

10.2 The customer must contractually obligate the end customer, to the extent necessary, to comply with the provisions of the order form and these Terms and Conditions, as well as to cooperate, insofar as the end customer’s cooperation is required under this contract and the guidelines of the domain registry for the proper registration, modification, or deletion of a domain.

10.3 If OIT assists with changes to a domain at the customer’s request, the customer is obligated to indemnify OIT against any claims that the end customer may assert against OIT in connection with the change.

10.4 If the customer wishes to resell OIT’s services separately or in divided portions to multiple parties (end users) (disaggregated marketing), this requires OIT’s prior consent.

10.5 The customer shall compensate OIT for all damages and indemnify OIT against all claims by third parties and other adverse consequences that may arise from failure to comply with the aforementioned provisions or from the end customer’s failure to fulfill its obligations to cooperate.

Special Provisions for Rental Server Customers (Root, Managed, and Virtual Servers)

11.1 OIT provides the customer with a rental server featuring the specifications selected in the respective contract or quote, including IP addresses as needed. Unless otherwise specified, data transfer is included in the price for all offers (except for housing/colocation).

11.2 OIT reserves the right to reduce the connection speed to 10 Mbit/s if the data transfer volume exceeds 2 TB (5 TB for private cloud offerings) in the current month.

11.3 Managed servers are managed by OIT and its partners. To do so, OIT must have access to the so-called root password at all times.

11.4 If the customer installs its own software or scripts, it is responsible for the availability of the rental server. If the rented server becomes unavailable due to software issues or problems that are not hardware-related, the customer will be billed for the time spent resolving the issue in accordance with the current price list (Remote Hands).

Jurisdiction, Governing Law

12.1 If the customer is a merchant, a legal entity under public law, or a special fund under public law, Düsseldorf shall be the exclusive venue for all disputes arising out of or in connection with this contract.

12.2 All legal disputes arising out of or in connection with this contract shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Social Media Plugins (e.g., Facebook)

The social media plugins used on our site, such as Facebook or Twitter, are developed and operated by third-party providers. These plugins are clearly labeled as such and link to external websites or service providers. When you visit our web pages that feature these plugins, both your IP address and the URL of the page you are viewing are transmitted from our server to the respective provider. This informs the respective provider that you have accessed the linked webpage. If you are logged into these services, the respective provider can associate your visit to our website with your user account. When you use the relevant plugin—for example, Facebook’s “Like” button or when leaving comments or opinions—the information is sent directly to the respective provider, where it is processed and stored. If you wish to prevent this transfer of information, we recommend that you log out of the relevant services before visiting our website. For details on what data is stored and processed—and to what extent—by providers such as Facebook, as well as your rights and configuration options for protecting your privacy and identity, please refer to the respective providers’ privacy policies.

Cookies

If you access our websites via an external link whose URL contains the string “?ref=”, followed by a sequence of numbers or letters after the equal sign, a so-called cookie will be placed on your computer when you visit our websites. This cookie contains only the term “referrer” and the sequence of numbers or letters and is used for the internal allocation of commissions. To explain in more detail: These links are promotional links that OIT customers can publish on websites or in emails. For every customer referred via such a link, the referring customer receives a recurring revenue share based on the invoices paid by the new customer. The referring customer never has access to the new customer’s data, nor is he or she separately notified of a successful referral. Once the new customer has paid their invoice, the referrer receives a percentage-based revenue share, in anonymized form, on their next invoice.

Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR). You can find the platform at http://ec.europa.eu/consumers/odr/.

Our email address is: info@oit.one