Deutsch Deutsch

Web hosting agreement from One Click Actions

Last update: November 6, 2024

This Web Hosting Agreement (“Agreement”) is a binding contract between One Click Actions (“Provider”) and you (“Customer”) and sets forth the terms and conditions for the provision of web hosting services and related services. By using One Click Actions’ services, you agree to abide by all terms and conditions set forth herein, as well as the Provider’s policies and applicable laws in Germany.

1. definitions

  • Provider: One Click Actions, the company that provides professional web hosting, domain and other related services.
  • Customer: The natural or legal person who uses the web hosting services provided by the Provider.
  • Services: All web hosting services and additional services offered by the Provider to the Customer, including but not limited to shared hosting, domain registration, dedicated hosting, database management and email services.
  • Content: All information, data, text, software, music, sounds, photos, graphics, videos, messages or other materials that the Customer stores, publishes or transmits via the Services.
  • Hosting Package: The specific service package booked by the Customer in accordance with the features and restrictions specified in the Provider’s service description.
  • Customer account: The account that the customer has set up with the provider to manage the booked services, track payments and make configuration settings.

2. acceptance of the conditions

  • Express consent: By booking and using the services, the customer confirms that he has read, understood and accepted this agreement in its entirety.
  • Compliance with regulations: The Customer undertakes to comply with all applicable laws and regulations, including data protection laws and other regulations applicable in Germany and the European Union.
  • Contractual Binding: This agreement is considered a binding contract between the provider and the customer and is applicable to all specific services and configurations booked by the customer.

3. obligations of the customer

  • Provision of accurate information: The Customer agrees to provide complete, truthful and current information when booking the Services, including contact information, payment methods and other information requested by the Provider to activate the account and provide the Services.
  • Updating the information: During the term of the contract, the customer must ensure that all contact and payment information is up to date. The provider must be informed immediately of any changes to personal data.
  • Legal and ethical use of the Services: Customer agrees not to use the Services for any illegal activity, including, but not limited to, infringement of intellectual property rights, fraudulent activity, distribution of malware, spam, phishing or any other activity prohibited by law or provider policy.
  • Responsibility for content: The customer is responsible for all content that is stored, transmitted or published via the services. The customer guarantees that the content does not infringe the rights of third parties, does not break any laws and is neither offensive nor inappropriate.
  • Compliance with the restrictions of the hosting package: The customer undertakes to comply with the restrictions in terms of storage space, bandwidth, CPU and other resources of the hosting package booked. Exceeding these limits may result in the temporary blocking or termination of the service.
  • Responsibility for security: The customer is responsible for the security of their account and for all activities carried out under their access data. This includes the obligation to take appropriate security measures to protect access to the data stored on the provider’s servers.

4. rights and obligations of the provider

  • Provision of the services: The provider undertakes to provide the services with a professional and industry-standard level of performance and to ensure the availability and functionality of the booked services.
  • Maintenance and technical support: The provider provides technical support and carries out the necessary maintenance work to ensure the stability and functionality of the services, including software updates, server maintenance and troubleshooting.
  • Suspension or termination of the Services: The Provider reserves the right to suspend or terminate the Services if the Customer fails to comply with the terms of this Agreement or if required by law. The Provider will inform the Customer of any suspension or termination measures.
  • Right to change the services: The provider reserves the right to change the features, functions and prices of the services, whereby the customer will be informed in good time. The customer will be notified in advance of any changes affecting current services.

5. fees and payments

  • Payment of fees: Customer agrees to pay all fees for the Services in accordance with the terms and conditions set forth in the Price Schedule. Fees may include subscriptions on a monthly or annual basis and additional fees for optional services.
  • Refund Policy: Unless expressly stated otherwise, fees paid are non-refundable. The customer acknowledges that non-use of the services does not release them from the fees booked.
  • Taxes and additional fees: The Customer is responsible for any taxes or additional charges applicable to the Services under local or international laws.
  • Interruption in the event of non-payment: In the event of late payment, the provider reserves the right to suspend or terminate the services until the outstanding payments have been settled.

6 Intellectual property

  • Provider’s Rights: All intellectual property rights relating to the Services, the software provided and any documentation or supplementary materials are the exclusive property of the Provider.
  • Limited License: The Provider grants the Customer a non-exclusive, non-transferable and limited license to use the Services during the term of the Agreement. The Customer does not acquire any ownership rights to the software or hardware associated with the Services.
  • Restrictions on use: The customer is not authorized to modify, decompile, reverse engineer or distribute the provider’s software, unless this is expressly permitted by law or by the provider.

7. confidentiality

  • Protection of confidential information: Both parties undertake to keep confidential information that they receive in the course of the service relationship secret and not to disclose it to third parties without the prior written consent of the other party, unless this is required by law.
  • Duration of the confidentiality obligation: The confidentiality obligation shall survive the termination of this agreement.

8 Data protection and privacy

  • Compliance with the GDPR: The Provider processes the Customer’s personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Any transfer of personal data outside the European Economic Area (EEA) will be subject to appropriate safeguards.
  • Privacy policy: For details on the handling of the customer’s personal data, see our privacy policy.
  • Responsibility for data protection: The customer is also obliged to comply with the data protection regulations for the data that it stores and manages via the services, including the obligation to report security breaches affecting users’ data.

9. limitation of liability

  • Disclaimer: One Click Actions shall not be liable for any direct, indirect, incidental or consequential damages arising out of the use of or inability to use the Services, including, but not limited to, lost profits, business interruption or loss of data.
  • Force majeure: The Provider shall not be liable for failure to fulfill its obligations under this Agreement if such failure is due to events beyond its reasonable control, such as natural disasters, armed conflicts, governmental actions or network disruptions.
  • Limitation of claims for damages: The Provider’s total liability to the Customer for damages or losses in connection with the Services shall not exceed the total amount of fees paid by the Customer in the previous 12 months.

10. amendments to the agreement

  • Right of amendment: The provider reserves the right to amend this agreement at any time. The amendments shall enter into force as soon as they are published on the provider’s website.
  • Notification of changes: The Provider shall notify the Customer of changes to this Agreement using the contact details provided. Continued use of the services after the changes shall be deemed to constitute acceptance of the changes.

11 Contract duration and termination

  • Duration of contract: This agreement remains in force as long as the customer actively uses the services and pays all applicable fees in full.
  • Termination at the customer’s request: The customer may cancel the services with the provider at any time subject to the applicable refund policy.
  • Termination for breach of contract: The provider reserves the right to terminate the contract immediately if the customer breaches any of the provisions of this agreement.

12 Applicable law and place of jurisdiction

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Germany.
  • Place of jurisdiction: All disputes in connection with this agreement are subject to the exclusive jurisdiction of the courts in Frankfurt am Main, Germany.

By using One Click Actions web hosting services, you agree to all of the terms and conditions set forth in this agreement and agree to abide by its policies.