Legal
Terms & Conditions
General terms and conditions for using our services.
As of: 28 October 2026 (revision 2026-10-28.1)
This English version is provided for convenience. Only the German version is legally binding.
These General Terms and Conditions apply to all contracts between gh0stservice GmbH, Else-Lang-Str. 10, 50858 Köln, Germany, registered in the commercial register of the Amtsgericht Köln (Local Court of Cologne) under HRB 122084, represented by its Managing Director Falk Hähner (hereinafter "we" or "Provider"), and its customers (hereinafter "you" or "Customer") concerning the services gh0stcloud Self-Service, Managed Apps, dedicated resources and Consulting. The annexes at the end of these GTC govern domains (Annex A), the email server, webmail and App Stacks (Annex B) and dedicated resources and server pools (Annex C).
Certain provisions apply only to consumers or only to businesses. Where this is the case, they are expressly marked. A consumer is any natural person who enters into a contract for purposes that are predominantly outside their trade, business or profession (§ 13 BGB (German Civil Code)). A business is any natural or legal person or partnership with legal capacity that, when entering into the contract, acts in the exercise of its trade, business or profession (§ 14 BGB). Legal entities under public law and special funds under public law are treated as businesses.
1. Scope and order of precedence
- These GTC apply in the version valid at the time the contract is concluded.
- The following contractual components apply in this order of precedence: (a) the order form (Bestellschein), where one has been concluded, and any other individually agreed provisions, (b) the service description, (c) these GTC including the Acceptable Use Policy, (d) the price list valid at the time the contract is concluded. The Data Processing Agreement (DPA) prevails over all other contractual components on the processing of personal data.
- Businesses only: Deviating or supplementary terms and conditions of the Customer become part of the contract only if we expressly agree to their application in text form.
- These GTC do not restrict the statutory rights of consumers.
- Annexes A to C form part of these GTC. For their respective subject matter, their specific provisions take precedence over the general provisions of these GTC. Clause 14 (liability) also applies to the services of the annexes.
2. Services and customer groups
- gh0stcloud Self-Service is a platform for running container applications. We operate the platform (including compute, storage, networking, certificates, security rules, monitoring and billing); you operate your applications on it yourself. Self-Service is available to consumers and businesses.
- Managed Apps are operational services in which we operate applications for you, either as a package from our catalogue or individually under an order form. They are offered exclusively to businesses. Scope and response times are set out in the service description.
- Consulting comprises analysis, planning, implementation and training services. It is offered exclusively to businesses and provided on the basis of a quotation. We owe the professional performance of the agreed activity; we owe a specific result only if this is expressly agreed.
- Registration and conclusion of a contract in Self-Service are currently possible only for customers whose residence or registered office is in Germany. We conclude contracts with customers outside Germany only by individual agreement.
- We may use carefully selected subcontractors to provide the services. The processing of personal data is additionally governed by the provisions of the Data Processing Agreement (DPA).
- Dedicated resources are infrastructure that we provide exclusively for your organisation, in particular server pools of one or more servers of your own, IP addresses of your own and load balancers of your own. They are offered exclusively to businesses. Annex C applies.
- Domains. In the portal you can add domains of your organisation and prove that you control them. This function is part of Self-Service and is available to every account. Annex A applies.
3. Conclusion of contract in Self-Service
- The presentation of our services on the website does not constitute a binding offer but an invitation to register.
- Technical steps: Registration takes place in three steps: account type and organisation, contact details, review and consent. In the last step, your entries are displayed once more in summary form. Using "Bearbeiten" and "Zurück" ("Edit" and "Back" in the English interface), you can identify and correct input errors at any time before submitting.
- By clicking "Konto erstellen" ("Create account" in the English interface), you submit a binding offer to conclude the Self-Service contract. We then send you, without undue delay, an email containing a confirmation link. The contract is concluded when you confirm your email address via this link and we activate your account.
- Registration without obligation to pay: Registration is free of charge. You receive a starting credit (clause 8). As long as you have neither topped up credit nor stored a payment method, charges are offset exclusively against the starting credit. We do not invoice you for any amounts beyond that; once the starting credit is used up, your applications are paused (clause 11). An obligation to pay arises only when you top up credit using the "Zahlungspflichtig aufladen" (top up with obligation to pay) button or store a payment method using the correspondingly labelled button.
- Contract text: We store your registration details as well as the version and time of your consent to these GTC. You can access, print and save the current GTC at any time at gh0stservice.com/en/agb. On request, we will send you the version valid at the time the contract was concluded in text form.
- The contract languages are German and English. In the event of discrepancies between the language versions, the German version prevails.
4. Services in Self-Service
- The functional scope of the platform is determined by the description of services on the website and the public documentation at the time the contract is concluded.
- Availability: We operate the platform on a best-efforts basis with the aim of achieving the highest possible availability. We do not commit to any specific availability in Self-Service. We publish the measured availability on our status page.
- Support: We usually respond to support requests within 24 hours on business days (best effort). Business days are Monday to Friday, excluding public holidays in North Rhine-Westphalia. This refers to the first response from a human, not to the resolution.
- Maintenance: We carry out maintenance work with as little interruption as possible. We announce plannable maintenance with noticeable effects in advance on the status page.
- Data backup in Self-Service: Backing up the data of your Self-Service applications is entirely your responsibility. The platform offers no backup feature for this data. Platform-side copies serve only to recover the platform itself and do not replace your own data backup. We back up data only for Managed Apps, for applications we custom operate and for platform extensions, in each case as set out in the service description.
- Changes to the platform: We continue to develop the platform. We may at any time make changes that are necessary to maintain conformity with the contract, for security reasons or due to changed legal requirements. For consumers, further changes are governed by § 327r BGB: we make them only for a valid reason, at no additional cost to you and with clear information. If a change impairs your access or usability more than insignificantly, we will inform you in good time in advance on a durable medium; you may then terminate the contract free of charge within 30 days.
5. Managed Apps (businesses only)
- Managed Apps are provided on the basis of the service description. It governs in particular the scope of services, response times, data backup, handover, credits and obligations to cooperate.
- Each Managed App instance has a minimum term of three months, counted from the handover day that we state in the handover notice. Thereafter it runs for an indefinite period and may be terminated at any time with effect from the end of a month.
- An agreed setup fee becomes due on handover and is invoiced on the handover day.
- We provide services outside the booked service level after prior agreement at the rates set out in the price list.
- Annex B additionally applies to the email server, webmail and App Stacks.
6. Customer obligations
- You use our services only within the scope of applicable law and the Acceptable Use Policy.
- You keep access credentials, tokens and keys secret and inform us without undue delay if you suspect misuse.
- You alone are responsible for the content, data and applications that you store, process, send or make available via our services. This includes in particular the content of mailboxes, the messages sent via our services, the domains and DNS records you use, respect for the rights of third parties and the lawfulness of your use, including the actions of persons to whom you grant access.
- You keep your contact and billing details up to date.
- Businesses only: You indemnify us against third-party claims asserted against us because of unlawful use of our services by you or by persons to whom you have granted access, in particular because of stored or sent content, because of domains used or because of the infringement of third-party rights. The indemnity applies only to the extent you are responsible for the infringement, and it includes the reasonable costs of legal defence. We inform you without undue delay of any claim asserted, do not acknowledge it without your consent and give you the opportunity to take part in its defence.
- You manage the registration of your domains and the DNS records at your registrar and your DNS provider yourself. You keep them in order for as long as you use a domain with our services, including the records we show you for a service. We have no access to these services.
7. Prices, VAT and invoices
- The prices in the price list at the time the respective service is provided, or the individual quotation, apply.
- Self-Service: The base fee is stated for all customers as a gross price including statutory VAT. Usage-based charges are measured hourly and billed monthly; the price list states unit prices both including and excluding VAT.
- Managed Apps and Consulting: All prices are net plus statutory VAT.
- Price changes: We may change prices for future service periods if the costs relevant to pricing change (in particular infrastructure and energy costs). We announce price changes in text form at least six weeks before they take effect. A price increase takes effect only if you expressly consent to it, for example via the portal. If you do not consent, the previous prices continue to apply; both parties may then terminate the contract with ordinary notice. We pass on price reductions without requiring consent.
- Electronic invoices: You receive invoices electronically by email and in the portal. We issue invoices to businesses as e-invoices in a structured format (ZUGFeRD). By concluding the contract, you consent to the electronic transmission of invoices.
- Invoices are due for payment without deduction within 14 days of receipt, unless they are offset against credit.
- Businesses only: In the event of late payment, you owe default interest of nine percentage points above the base interest rate (§ 288(2) BGB) and a flat fee of EUR 40 (§ 288(5) BGB). For consumers, the statutory provisions apply (§ 288(1) BGB).
- Businesses only: You may set off or exercise a right of retention only with claims that are undisputed or have been finally established by a court. For consumers, the statutory provisions apply.
8. Credit
- Legal nature. You can top up your account with credit in euros. Paid credit is an advance payment towards future services of the Provider. It is not e-money, not a payment instrument within the meaning of the Zahlungsdiensteaufsichtsgesetz (ZAG, German Payment Services Supervision Act) and not a deposit. It is offset exclusively against charges for our own services, is not transferable to third parties and does not bear interest.
- Advance payment invoice. For each top-up, you receive, without undue delay, an advance payment invoice showing VAT. Invoices for services provided later show the advance payment offset and the VAT attributable to it, so that VAT is not charged twice.
- Automatic offsetting. Due invoices are offset against available credit. If, for an account with a payment method or with credit already topped up, the paid credit is insufficient, the remaining amount is shown as an outstanding claim and becomes due in accordance with clause 7. We inform you of every offsetting in the portal.
- Starting credit. Starting credit granted free of charge is a price reduction on future services. It is not paid out, not refunded and expires at the end of the validity period stated when it was granted. We display the validity period in the portal; we remind you before it expires.
- No expiry of paid credit. Paid credit is not subject to any expiry period. The statutory limitation periods apply.
- Order. Credit that expires earlier is offset first, then starting credit, then paid credit.
- Limits. We may set minimum and maximum amounts per top-up and a maximum amount for the total credit. We display the applicable amounts in the portal.
- Refund. At your request, we refund unused paid credit when the contract ends. The refund is made to the payment method used for the top-up. Credit already used is not refunded. For the refunded amount, you receive a document correcting the original advance payment invoice.
- Security. Credit is a claim against gh0stservice GmbH. It is not held separately and is not separately secured.
9. Content, notices and measures
- For content that you store or transmit via our services, we are a provider of an intermediary service within the meaning of Art. 4 to 6 of Regulation (EU) 2022/2065 (Digital Services Act) and of the Digitale-Dienste-Gesetz (German Digital Services Act). We do not generally monitor the content of your applications, mailboxes and messages and do not actively seek facts indicating illegal activity (Art. 8 Digital Services Act). We review notices of illegal content or of violations of the Acceptable Use Policy in accordance with the procedure described there. The notice procedure is open to everyone.
- In the event of actual or sufficiently probable violations, we may take appropriate measures, in particular block individual content or services, restrict resources or temporarily suspend the account. We choose the least restrictive effective means.
- We inform you of any measure with a statement of reasons in accordance with Art. 17 of Regulation (EU) 2022/2065 (Digital Services Act), unless a legal obligation or an official order precludes this. The statement of reasons specifies the measure, the underlying facts, the legal or contractual basis and your options for challenging it.
- You may object to a measure by email to abuse@gh0stservice.com; we have the objection reviewed by a person who was not solely involved in the original decision, to the extent this is possible in terms of staffing. Recourse to the courts and the right to lodge a complaint with the Bundesnetzagentur (Federal Network Agency) as Digital Services Coordinator remain unaffected.
10. Term and termination
- Self-Service: The contract runs for an indefinite period. Either party may terminate it at any time with one month's notice. This applies equally to consumers and businesses.
- Managed Apps: see clause 5.2.
- Consulting: The contract ends when the agreed services have been provided, unless otherwise agreed.
- Termination must be declared in text form. Consumers may additionally terminate contracts at any time using the "Verträge hier kündigen" (Terminate contracts here) button (§ 312k BGB); no sign-in is required for this.
- The right to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular if you repeatedly or seriously violate the Acceptable Use Policy despite a warning.
- When the contract ends, the provisions on switching providers and data transfer in clause 12 apply.
- Annex C applies to dedicated resources, and Annex B additionally applies to the email server and App Stacks.
11. Account status, pausing and suspension
- If, for an account without a payment method and without paid credit, the starting credit has been used up, we pause your applications. Your data is retained. If you top up credit within the period shown in the portal, your applications continue to run. Otherwise, we delete the account and its data after this period expires; we announce the deletion in advance.
- For an account with a payment method or paid credit, we may suspend use if a due invoice remains unpaid for more than 14 days despite a reminder. The data is retained during the suspension. Once all outstanding amounts have been settled, we lift the suspension.
- Suspensions due to violations are governed by clause 9.
12. Switching providers, data transfer and deletion
This clause implements the requirements of Art. 23 to 31 of Regulation (EU) 2023/2854 (Data Act). Details are described on the page Switching providers and data portability, which forms part of this contract.
- Request. You may at any time request in text form that your exportable data and digital assets be transferred to another provider or to your own infrastructure, or be deleted. The request may be combined with the termination. The applicable notice period is no more than two months.
- Transition period. After the notice period expires, a transition period of 30 calendar days begins. During this time, we continue to provide the contractual services, support you with the switch to a reasonable extent and inform you of known risks to continuity. You may extend the transition period once by a reasonable period of your choice.
- Data categories. The exhaustive list of transferable data categories and of excluded internal data, as well as the available formats and interfaces, can be found on the data portability page.
- Data retrieval and deletion. After the transition period ends, you can retrieve your data for at least a further 30 calendar days. Thereafter, we completely delete all your data and digital assets, unless a statutory retention obligation precludes this. Backup copies are overwritten in the regular rotation cycle.
- End of contract. The contract ends upon successful completion of the switch or, where deletion is requested, upon expiry of the notice period.
- Costs. We charge no fees for the switch or for the data transfer required for it. Ongoing charges until the end of the contract and, for Managed Apps, remuneration until the end of the minimum term remain unaffected.
13. Warranty
- For consumers, the statutory warranty rights apply, for digital products in particular §§ 327 et seq. BGB, including the obligation to provide updates.
- For businesses, in Self-Service, Managed Apps and dedicated resources we owe the provision of the agreed services in a condition that conforms to the contract. We remedy defects within a reasonable period after you report them. Commitments regarding availability, response times, data backup and support exist only to the extent that they are expressly made in the service description for the booked service level or in an individual agreement.
- For businesses, we do not commit in particular that the services are available without interruption or free of errors, that other mail servers accept or deliver your emails, or that the services are suitable for a purpose that has not been agreed. We give a guarantee of quality only if we expressly call it a guarantee.
- Our services also rely on services of third parties: on data centres, servers, IP addresses and load balancers of Hetzner Online GmbH, on TLS certificates of a public certificate authority (currently Let's Encrypt) and on the public DNS with the registrars and DNS providers of our customers. Whether another mail server accepts an email and whether operators of blocklists list an address or domain is decided by these third parties themselves. Third parties that do not act on our behalf are not our vicarious agents.
14. Liability
- We are liable without limitation for intent and gross negligence, for fraudulent concealment of a defect, for damage resulting from injury to life, body or health, under the Produkthaftungsgesetz (German Product Liability Act) and to the extent of any guarantee assumed.
- In the case of slight negligence, we are liable only for breach of material contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract.
- Businesses only: In the case of clause 14.2, we are not liable for lost profit, lost savings and other indirect or consequential damage, to the extent such damage is not typically associated with the breach of the material contractual obligation concerned.
- Businesses only: In the case of clause 14.2, our liability per damaging event is limited to the fees you paid us in the twelve months before the event giving rise to the damage for the services affected by the event, but to no less than EUR 5,000.
- Businesses only: In the case of slight negligence, we are liable for the loss of data only in the amount of the effort required to restore it from backups that you have to make properly and regularly yourself (clause 4.5 and the service description). Where data backup is our service under the service description, for example for a Managed App under its booked service level or for a platform extension, we are liable for the loss of data only within the backups that the service description commits to for it in terms of frequency and retention period; data created after the most recent backup point owed under it is not covered.
- Businesses only: Strict liability, regardless of fault, for defects that already existed when the contract was concluded (§ 536a(1), first alternative, BGB) is excluded.
- Any further liability is excluded. The limitations of clauses 14.2 to 14.6 do not apply in the cases of clause 14.1. They also apply in favour of our legal representatives, employees and vicarious agents.
- Liability for breaches of data protection law is additionally governed by Art. 82 GDPR.
15. Data protection and processing on behalf
- Information on the processing of personal data by us as controller can be found in the privacy policy.
- Where we process personal data on your behalf, in particular data in your applications, databases and storage, the Data Processing Agreement (DPA) applies. It is agreed upon conclusion of this contract (Art. 28(9) GDPR) and also applies to consumers who process personal data of third parties via our services.
- Where data is subject to statutory retention obligations, we restrict its processing until the retention period expires instead of deleting it (Art. 17(3)(b) GDPR).
16. Confidentiality
- Both parties treat confidential information of the other party that becomes known to them in the course of the contract as confidential and use it only to perform the contract.
- Confidential information may be disclosed only to persons who need it to perform the contract and who are bound to confidentiality accordingly. Statutory disclosure obligations remain unaffected.
17. Changes to these GTC
- We may amend these GTC with effect for the future if there is a valid reason for doing so, in particular a change in the law or case law, new technical or security-related requirements or the addition of new functions that are not disadvantageous to you. Main performance obligations and prices are not changed in this way; clause 7.4 applies to prices.
- We notify you of changes in text form at least six weeks before they take effect and clearly highlight the changes.
- Changes affecting the balance between performance and consideration or material rights and obligations take effect only if you expressly consent to them. If you do not consent, the contract continues on the previous terms; both parties may then terminate it with ordinary notice.
- For consumers, clause 4.6 in conjunction with § 327r BGB remains unaffected.
- Each version of these GTC and of the service description carries a revision, which we state at the top of the documents. A single order, for example of a Managed App, an App Stack or a dedicated resource, is governed by the version whose revision we state to you before the order and which you accept with the order. A new version takes effect for existing contracts only in accordance with clauses 17.1 to 17.4.
18. Right of withdrawal for consumers
- Consumers have a statutory right of withdrawal in accordance with the withdrawal instructions. You can also declare withdrawal online using the "Vertrag widerrufen" (Withdraw from contract) button.
- When registering, you expressly request that we begin performance before the withdrawal period expires, and you confirm that in the event of withdrawal you will pay a reasonable amount for the services provided up to that point (§ 357a(2) BGB) and that your right of withdrawal expires upon complete performance of the contract (§ 356(5) BGB).
- If you withdraw from a credit top-up, we refund the part not used at the time of withdrawal. The used part corresponds to compensation for the value of the services provided up to that point.
19. Consumer dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
20. Final provisions
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive you of the protection afforded by mandatory provisions of the law of the state in which you have your habitual residence.
- Only for businesses, legal entities under public law and special funds under public law: The exclusive place of jurisdiction for all disputes arising from this contract is Cologne. We are also entitled to bring an action at the Customer's registered office.
- Should individual provisions be invalid, the remainder of the contract remains valid. The statutory provision takes the place of the invalid provision.
Annex A: Domains
This annex applies to every account, for consumers and businesses.
A.1 Adding and confirming
- In the portal you can add domains that your organisation controls. A domain is confirmed as soon as we have found the proof the portal names in the public DNS, for example a TXT record with a check value assigned only to your organisation.
- Services that use a domain, in particular email (Annex B), require a confirmed domain of your organisation. A confirmation by us without proof in the DNS is not sufficient for email.
- The confirmation grants no right to the domain and does not change its registration. We are neither the registrar nor the DNS provider of your domains and do not manage their DNS records.
- You add only domains that you are entitled to use. You keep the proof published for as long as you use the domain with our services. You keep the registration, renewal and DNS records in order yourself in accordance with clause 6.6.
- Your organisation cannot use a domain at the same time as another organisation that has confirmed it.
A.2 Loss of the proof
- If we find that the proof is missing or has been replaced by another value, or if another organisation proves the same domain, the domain is given the state Needs attention. We inform the owners of your organisation.
- While a domain is in this state, new uses of the domain are blocked, for example new email addresses. Existing email domains keep sending and receiving. Uses in which the domain carries access or certificates, such as web addresses, sign-in pages and the redirect addresses of a sign-in, we take offline at once for security reasons.
- Once the proof is back, the domain is confirmed again and the uses run as before.
- If the proof is missing for 14 days without interruption, we release the domain for your organisation (state Released). If we last could not check the proof only because of a fault, we wait with the release until we could check. The consequences that Annex B sets out for email follow from the release. We remove web addresses of the domain from your projects.
- We send reminders while this period runs in accordance with the notification settings of your account, normally after 7 days and one day before it ends.
A.3 Release by you and end of contract
- You can release a domain at any time once no service uses it any more. The portal names the uses that must end first.
- When your contract ends, we release your domains after the services that use them have ended.
A.4 Confirmation by another organisation
- After a release because of missing proof or after the end of the contract, another organisation can confirm the same domain only after 7 days. If you release a domain yourself, there is no waiting period.
- Another organisation that confirms the domain takes over no records, keys, data or settings of your organisation.
- If another organisation confirms a name below your domain with its own proof, the uses of this name pass to that organisation, and your uses of this name end. Email domains under this name pass only if the name is a zone of its own delegated in the DNS; we then suspend your email domain in accordance with Annex B.5. We inform you of this.
Annex B: Email server, webmail and App Stacks
This annex applies exclusively to businesses. It supplements the Managed chapter of the service description.
B.1 Subject matter
- The email server is a Managed App with which you run mailboxes, addresses and forwardings on your own domains and send and receive emails. Webmail is a separate Managed App that connects to your email server. An App Stack is a set of Managed Apps that you order together and that use each other, for example the email server with webmail, or an app that sends emails through your email server.
- Each app of an App Stack is a separate instance within the meaning of the service description, with its own service level, service fee, minimum term and termination.
- The email server is based on the Stalwart software. As long as the portal marks it as beta, the limitations named in the package description apply.
B.2 Requirements for ordering
- You can order the email server only with at least one confirmed domain of your organisation (Annex A). When ordering, you choose the main domain of the email server; it cannot be changed afterwards. You can add further confirmed domains later.
- The email server runs on a server pool of your organisation that you order first (Annex C). With the email server you receive an incoming address of your own (load balancer) and a sending address of your own (IP address) as dedicated resources. Their fees are stated in the quote and the price list.
B.3 Technical mail host and your domains
- Every email server receives a technical name under a domain of ours. It serves as the target of your MX records, as the name of the server towards other mail servers and in reverse DNS, and as the place where we publish the DKIM keys and the SPF records. This name and its DNS records belong to us. You acquire no rights to it, and it is never a domain for mailboxes, forwardings or senders. We handle emails to postmaster@ and abuse@ of this name.
- All addresses of your email server are on your confirmed domains. Senders that an app uses through your email server are likewise only on your confirmed domains.
- Emails to postmaster@ and abuse@ of your own domains go to the mailbox we create for your organisation at setup. You make sure that these addresses are read and that complaints are handled.
- The web addresses of the email server and of webmail are normally under your main domain. Until your records for them are published, you reach both under an address of ours.
B.4 DNS records, delivery and limits
- The portal shows you the DNS records your domains need for the email server, in particular for MX, SPF, DKIM, DMARC and the web addresses, and checks whether they are published. You must publish these records at your DNS provider yourself. Without them, other mail servers cannot deliver your emails or cannot attribute them.
- You decide the DMARC policy of your domains. We propose a stricter policy once your records have been in order for a while, but we never set it for you.
- Whether another mail server accepts or delivers an email or classifies it as spam, and whether operators of blocklists list an address or domain, is decided by these third parties themselves. We do not commit to a particular delivery, a particular reputation of an address or a removal from a blocklist. A new address has no reputation yet and may already be on a blocklist when it is assigned. What we do for delivery is described by the service module Mail operation of the service description.
- Sending is subject to limits per mailbox, per connected app and per email server, in particular for emails per hour and per day, recipients per email and queued emails. They depend on the chosen size of the email server. Emails above these limits are delayed or rejected. In the event of abuse or a threat to the reputation of our addresses, we may temporarily lower the limits in accordance with the Acceptable Use Policy.
- We process the content of the mailboxes and your messages as a processor under the Data Processing Agreement. You create and manage mailboxes, access and forwardings yourself.
B.5 Consequences of losing a domain for email
- While an email domain is in the state Needs attention (Annex A.2), you cannot create new addresses for it. The domain keeps sending and receiving.
- If the domain is released (Annex A.2(4) or A.4(3)), we suspend it: the email server no longer accepts emails to this domain, sends no emails with senders of this domain and no longer signs for it. Mailboxes and messages of the domain are kept for 30 days. We inform the owners of your organisation at the suspension, after 14 days and 2 days before this period ends.
- If your organisation confirms the domain again within this period and no other email server uses it, we put the domain back into operation.
- When the period ends, we remove the domain with its addresses, mailboxes and messages from the email server. Backups contain them until their retention period under the booked service level expires.
- If the last of your domains is suspended, the email server keeps running in a restricted mode, without new addresses, until you add another confirmed domain. Nothing is deleted except under paragraph 4. The fees continue for as long as the email server exists.
- If you remove a domain from the email server yourself, we delete its addresses, mailboxes and messages at once with your confirmation.
B.6 App Stacks and dependencies
- If an app strictly requires another app, for example webmail the email server, you can remove the required app only after the dependent apps have been removed or switched. We detach optional connections on removal. The portal names both to you before you confirm.
- An app that sends through your email server receives its own access and a sender on your confirmed domains. The limits of B.4(4) apply to its emails.
B.7 End of the email server
- Termination is governed by the minimum term and the periods of the service description (clause B.6).
- If you delete the email server, we delete its mailboxes and messages. A deleted email server cannot be restored. Export your messages beforehand, for example via IMAP with a mail program.
- The incoming address and the sending address of the email server end with it in accordance with Annex C.4.
Annex C: Dedicated resources and server pools
This annex applies exclusively to businesses.
C.1 Subject matter
- Dedicated resources are server pools, IP addresses (Floating IP) and load balancers that we provide exclusively for your organisation. A server pool consists of one or more servers on which only applications and Managed Apps of your organisation run. You do not receive access to the operating system of the servers.
- Hetzner Online GmbH provides the resources to us in data centres in Germany. Their type, location and availability depend on what this provider offers.
- Dedicated resources have no service level with commitments on availability or response times. The platform terms of the Self-Service chapter of the service description apply, and for Managed Apps on the resource additionally their service level.
C.2 Quote and conclusion of contract
- We obtain prices, availability and locations from the provider before every quote. Where there are several suitable variants, you can choose; the quote names a default.
- The quote states the monthly fee, a setup fee where one applies, the minimum term, the notice rule, the behaviour in the event of failures and how long the quote is valid. By consenting to the quote you place a binding order. We additionally approve server pools. The contract is concluded with our acceptance, at the latest with the provision of the resource.
- If the chosen variant is no longer available from the provider at the time of the order, no contract is concluded and we create nothing. If the provision fails, we charge nothing for this resource.
- The price you consented to applies to this order. Clause 7.4 applies to later price changes.
- If a resource requires an approval by the provider, for example for outgoing email on port 25, we apply for it on your behalf. We do not commit that it will be granted.
C.3 Fees and term
- The monthly fee starts with the provision of the resource. We charge a setup fee with the provision.
- You can terminate a resource at any time in the portal. The fee runs until the end of the calendar month in which you terminate, but at least until the end of the minimum term stated in the quote. The portal shows this date before you confirm.
C.4 End of a resource
- If you terminate a resource or delete the Managed App it belongs to, we remove the resource at the provider without undue delay. The fee nevertheless runs until the date under C.3(2). It cannot be used until then.
- With a server pool, we delete its servers and all data stored on them. You can terminate a server pool only once no application, Managed App or address uses it any more; the portal names what must end first.
- After the end, an IP address is no longer your address. Projects that used it then use the shared address of the platform. After the end, a load balancer can no longer be reached at its addresses.
- If you want to keep an address because of its reputation, choose Keep without use where the portal offers it. The address then stays assigned to you and subject to charges until you terminate it.
- If you have requested a switch of provider under clause 12, we do not end dedicated resources before the end of the transition period, unless you expressly terminate a resource individually.
C.5 Addresses
- We block an address that your organisation returns for a waiting period before we return it to the provider. We never assign it to another organisation with us.
- IP addresses cannot be transferred to you or to another provider. We do not commit to a particular reputation of an address.
- We set the reverse DNS records of your addresses according to the rules of the portal. For addresses of an email server, they point to its technical mail host (Annex B.3).
C.6 Server pools with only one server
- If a server pool has only one server, the storage of the pool is held in only one copy on this server. If the server fails, the data created since your last backup is lost.
- We do not enforce a backup of this data. The quote points out this risk, and you accept it with the order. Backing up this data is your responsibility, unless it belongs to a Managed App whose data we back up under its service level. Clause 14.5 applies to liability.
- If we replace a server as planned, for example for maintenance, we first move the data to the new server, to the extent the provider can supply a replacement.
C.7 Abuse
- The Acceptable Use Policy applies to dedicated resources, and for email in particular its clause 4.
- In the event of abuse, for example sending unsolicited emails from an address of your own, or of a threat to other customers, the platform or the reputation of our addresses, we may restrict or interrupt the traffic of a resource in accordance with the Acceptable Use Policy. We forward abuse reports of the provider concerning your resources to you.