Terms of service

§ 1 Scope

These Terms of Service govern all contracts between Oliver Richter, sole proprietorship, Kemnitzer Straße 14 (Hofgebäude), 02747 Herrnhut, OT Berthelsdorf ("Provider") and customers regarding hosting, migration and maintenance services offered under your-server.info. Deviating terms of the customer are not accepted unless explicitly agreed in writing.

§ 2 Conclusion of contract

The contract is concluded by the Provider's order confirmation via e-mail.

§ 3 Scope of services

Determined by the selected plan ("Base", "System", "Concierge") and individual written agreements.

Not part of the contract unless explicitly agreed:

• Content maintenance (texts, images, editorial work)
• Design and development services
• E-mail hosting
• Licences for paid plugins, themes or third-party services

§ 4 Availability (SLA)

The Provider targets an average availability of 99.5% on annual average. Planned maintenance windows are announced at least 48 hours in advance and take place between 02:00–06:00 (CET/CEST) where possible. Outages due to force majeure, DDoS attacks or customer-side errors are excluded from the calculation.

§ 5 Backups

Daily automatic backups retained for at least 14 days. Backups do not replace the customer's own data backup.

§ 6 Payment

Monthly fees due in advance by mid-month. SEPA direct debit or bank transfer. Suspension after reminder on default.

§ 7 Term and termination

Contracts run monthly and may be terminated in text form to the end of the month. Upon termination the customer receives a full site export (files + database) within 14 days.

§ 8 Customer obligations

• Provided content must not infringe third-party rights.
• Access credentials must be kept confidential; loss reported without delay.
• No unlawful content (spam, malware, phishing).
• Software is kept up to date unless handled by the Provider.

§ 9 Liability

Unlimited liability for intent and gross negligence. For slight negligence, liability is limited to essential contractual obligations and to the typical foreseeable damage. Indirect damages (lost profits) are excluded unless intent or gross negligence is present.

§ 10 Data protection

Where the Provider processes personal data of the customer, the parties conclude a data-processing agreement under Art. 28 GDPR.

§ 11 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of performance and jurisdiction is — where legally permissible — the Provider's place of business (Herrnhut).