Terms and Conditions

1. General - Scope of application

1.1 The following Terms and Conditions apply to all business relationships between the Customer and NEYD (Company ID: 447002573), also hereinafter referred to as "us/we". These Terms and Conditions are an integral part of all contracts with the Customer. These Terms and Conditions also apply to future services and offers, even if the Customer does not separately agree upon them again.

1.2 The terms and conditions of our customers or third parties are not applicable and are not part of the contract, even if we do not separately object to their application in individual cases.

1.3 We expressly reserve the right to make changes to our Terms and Conditions and prices by giving the Customer prior notification via their customer account or using the email address the Customer enters in their contact information.

1.4 Our employees and third parties commissioned by them are not authorized to make verbal agreements or to provide any verbal guarantees or commitments to the Customer.

2. Conclusion, duration and termination of the contract

2.1 The contract is concluded when the Customer submits their order and we accept their order in accordance to the provisions of these Terms and Conditions.

2.2 Our offers are subject to change and are non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable.

2.3 The Customer declares that the data they provided on their customer account are correct and complete and shall notify us of any changes in this regard in writing within no more than 14 days.

2.4 Contracts are concluded for an unlimited time period unless otherwise agreed.

2.5 The contract may be terminated by either party with 30 days' notice to the end of the month, without specifying any reasons. Notice of termination may be given in text form by letter, email or via the Customer's account.

2.6 We reserve the right to terminate the contractual relationship without notice for good cause. Such good cause is deemed to exist if the Customer fails to meet its payment obligations or violates other important customer obligations.

3. Scope of services

3.1 The scope of the contractual service is based on the product description that is valid at the time of the Customer's order. We reserve the right, after prior notice, to discontinue services we offer free of charge or to introduce fees for these services.

3.2 We undertake to make economically reasonable efforts to achieve an annual average service availability of 99.9%.

3.3 If we offer technical support services that go beyond the service description, then we invoice these separately.

4. Payment conditions

4.1 We will invoice the Customer for any contractually binding services using the prices visible on cloudheed.com, plus the statutory value added tax.

4.2 Depending on the contractual agreement, we process monthly, quarterly or annual invoices using the agreed means of payment. The Customer is obligated to comply with the terms and conditions of the payment service they use to pay their invoice.

4.3 If we permit the Customer to make a late payment, we maintain the right to charge interest for the late payment beginning on the due date.

4.4 The Customer is obligated to pay all fees and taxes incurred by using the service.

5. Administrator rights and duties / data security

5.1 The Customer has full administrator rights for managed database services. The Customer is responsible for managing and securing their data at their own expense and risk.

5.2 The Customer, by using our services, is obligated to use the services in such a way that does not compromise the integrity and availability of our infrastructure or the data of third parties.

5.3 The Customer is responsible for making regular backups (backup copies) of their data. While we provide automated backups as part of our managed services, the Customer should maintain independent backups for critical data.

6. Data protection

6.1 Data processing is performed in accordance with GDPR. Please refer to our privacy policy for more information.

6.2 If the Customer wishes to process personal data of third parties with our services, the Customer remains the responsible party in the sense of data protection law. We only process personal data as a processor pursuant to Art. 28 GDPR.

7. Use by third parties

7.1 The Customer is entitled to grant third parties access to any services the Customer orders from Cloudheed. The Customer nevertheless remains the sole contractual partner and is fully liable for compliance with these Terms and Conditions.

7.2 If the third party violates the contractual obligations, the Customer assumes full liability for all resulting damages.

8. Use of the services / content

8.1 The Customer is obligated to check and comply with the legal provisions arising from the use of the contractually agreed services.

8.2 The Customer is obligated not to publish any content that infringes on the rights of third parties or otherwise violates applicable law.

8.3 The transmission of spam mail is prohibited. The operation of applications for mining cryptocurrencies is also prohibited.

8.4 If we become aware of illegal activities, we are entitled to request that the Customer immediately removes the offending content and we are entitled to suspend the Customer's access to their services.

9. Liability

9.1 The Customer uses Cloudheed services at their own risk. We are liable for indirect damages in the case of intent or gross negligence, but not for loss of profit.

9.2 We are liable for culpable infringements that are not due to gross negligence or intent for the foreseeable damage typical for this type of contract, up to a maximum of 100% of the price for the Customer's monthly product rental.

10. Warranty

We provide services as described in the service level agreement. The statutory limitation period applies to claims for damages in the event of willful and gross negligence as well as in the event of injury to life, limb and health.

11. Cancellation policy

11.1 The Customer has the right to cancel this contract within fourteen days after the conclusion of the contract without providing any reasons.

11.2 To exercise their right to cancel this contract, the Customer is required to notify us by means of a clear declaration (e.g. a letter sent by post, email or via the Customer's account).

11.3 If the Customer cancels this contract, we will refund all payments we have received from the Customer within fourteen days from the date of receiving the notice of cancellation.

12. Dispute resolution

The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which is available at https://ec.europa.eu/consumers/odr.

13. Final provisions and severability clause

13.1 These Terms and Conditions and the contractual relationship between us 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.

13.2 The place of jurisdiction for all disputes arising from this contractual relationship is Frankfurt am Main, Germany.

13.3 If any provision is or becomes invalid or unenforceable, this has no effect on the validity of the remaining provisions.

14. Contact

For legal inquiries, contact us at [email protected]

NEYD Company ID: 447002573 Taunusanlage 9 60329 Frankfurt am Main Germany