Last Updated: 08/12/2024

Definitions

• "Breadbyte Cloud," "We," "Us," "Our": Refers to Breadbyte Cloud, operated by Thomas Neumann as a sole trader.
• "Customer," "You," "Your": Denotes any individual or entity ordering or using our services.
• "Services": Encompasses all products and services offered by Breadbyte Cloud, including but not limited to cloud hosting, server rentals, and related support.
• "Terms of Service" (ToS): This agreement outlining the terms and conditions governing the use of our services.
• "Acceptable Use Policy" (AUP): A set of rules specifying permitted and prohibited uses of our services, incorporated by reference into this ToS.
• "Unmanaged Services": Services where the customer is responsible for maintenance, security, and operation without direct support from Breadbyte Cloud.
• "Payment Period": The agreed billing cycle for services, such as monthly, quarterly, or yearly intervals.
• "Chargeback": A demand by a credit card provider for Breadbyte Cloud to reimburse a transaction, typically initiated by the customer.
• "Blacklist": A list identifying IP addresses or domains known for malicious or spam activities, which may restrict service functionality.
• "Force Majeure": Events beyond reasonable control, including natural disasters, strikes, or governmental actions, impacting service delivery.
• "Confidential Information": Any non-public information disclosed between the parties, designated as confidential or reasonably understood as such.
• "Data Protection Legislation": Laws and regulations governing the processing and protection of personal data, including the General Data Protection Regulation (GDPR).

1. General Provisions

1.1. By ordering and using our services, you agree to these Terms of Service.
1.2. We reserve the right to deny or terminate service if the customer violates these Terms of Service, the Acceptable Use Policy (AUP), or applicable laws. In such cases, notice will be provided where feasible, except in severe breaches involving illegal activities or immediate threats to service integrity.
1.3. The customer may cancel the service at any time, without providing a reason. Upon cancellation, the service will run until the end of the current payment period, after which it will be terminated.

2. Service Provisioning

2.1. Once you order a service, it will be provisioned within 48 hours on business days.
2.2. For services using IP addresses, we do not guarantee that our IPs are free from blacklist entries. If necessary, customers may request a change of IP address in the event of a blacklist.

3. Payment

3.1. All services are provided at the prices displayed on our website: breadbyte.cloud.
3.2. In accordance with §19 of the German Value Added Tax Act (UStG), no VAT is charged.
3.3. Payment intervals (monthly, quarterly, yearly) are agreed upon during the ordering process. Customers must pay using the selected payment gateway.
3.4. Failure to pay will result in service suspension. Services suspended for more than one week will be permanently deleted.
3.5. In the event of a chargeback, We will suspend the associated service and notify the customer. Customers will have 7 days to resolve the chargeback by contacting us and/or their payment provider. Failure to resolve within this period will result in service termination and potential legal action for fraudulent chargebacks.

4. Customer Responsibilities

4.1. Customers using unmanaged services are solely responsible for securing their servers. We do not provide support for the security of unmanaged products.
4.2. Customers are responsible for backing up their data outside of our infrastructure. We are not liable for any data loss.
4.3. Customers are allowed to resell our services. However, they remain fully liable for compliance with contractual agreements and any legal obligations.
4.4. IP Blacklisting: Customers assume full responsibility for any actions that result in the blacklisting of their IP address. We do not monitor or guarantee that IP addresses are free from blacklisting.

5. Liability

5.1. Use of our services is at your own risk.
5.2. We are liable for indirect damages resulting from intent or gross negligence but is not liable for lost profits.
5.3. In cases of injuries not caused by gross negligence or intent, our liability is limited to foreseeable damages up to a maximum of 100% of the customer's monthly service fee.
5.4. If customer content violates the Acceptable Use Policy (AUP), legal prohibitions, or good morals, the customer is liable to Breadbyte Cloud for all resulting damages. Customers must also indemnify Breadbyte Cloud against third-party claims, including legal defense costs.
5.5. Force Majeure: Breadbyte Cloud shall not be liable for any failure or delay in performance of its services due to circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, labor disputes, acts of government, failure of telecommunications or power networks, or any other event that is beyond Breadbyte Cloud’s control.

6. Refunds and Withdrawal

6.1. Refund Policy: Customers may request a refund within 14 days of service provisioning by contacting us via email, letter, phone, or fax, providing a valid reason for the request. Refunds will be issued via the same payment method used for the original transaction.
6.2. Refunds will not apply to services explicitly marked as non-refundable, including but not limited to domain registrations, custom setups, or configuration services.
6.3. Upon approval of a refund, the customer will receive the payment back through the same payment method used for the original transaction. Refunds result in service cancellation and permanent deletion of data.
6.4. Customers may withdraw from the contract at any time, but the service will continue until the end of the current payment period.

7. Dispute Resolution

7.1. The EU Commission provides an online dispute resolution platform, accessible at https://ec.europa.eu/consumers/odr.
7.2. We are neither willing nor obligated to participate in dispute resolution procedures before a consumer arbitration board.

8. Privacy Policy and Acceptable Use Policy (AUP)

8.1. For information on how we handle your data, please refer to our Privacy Policy.
8.2. All customers must comply with our Acceptable Use Policy (AUP).