General terms and conditions

Validity vis-à-vis entrepreneurs and definitions of terms

The following General Terms and Conditions shall apply to all deliveries between us and an entrepreneur in their version valid at the time of the order.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

Conclusion of a contract, storage of the contract text

(1) The following regulations on the conclusion of contracts apply to orders placed via our online platform vmmx.io.

(2) In case of conclusion of the contract the contract is concluded with

.

(3) The presentation of goods and services on our online platform does not constitute a legally binding contractual offer on our part, but are only a non-binding invitation to the entrepreneur to order goods or services. By ordering the desired goods or services, the entrepreneur submits a binding offer to conclude a rental or purchase contract.

(4) Upon receipt of an order on our online platform, the following rules apply: The entrepreneur makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online platform.

1. Logging into the online platform after registration and entering the applicant's details (e-mail address and password).
2. Selection of the desired product or service
3. Re-checking or correction of the respective entered data
4. Binding submission of the order by clicking the button "order with costs" or "buy"

Before the binding submission of the order, the entrepreneur can, after checking his details, return to the Internet page on which the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "Back" button contained in the Internet browser used by him. We confirm the receipt of the order immediately by an automatically generated e-mail ("order confirmation"). With this we accept your offer.

(5) Storage of the contract text when ordering via our online platform: We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can also view the TOS at any time at https://vmmx.io/en/legal/terms. You can view your past orders in the customer area of our online platform under "My orders".

Due dates, prices, payments

(1) The time limit for payment of an invoice is 14 days from the date of first issue, unless otherwise stated. If the amount is not paid by the entrepreneur within this period, the entrepreneur is automatically in default.

(2) If the Entrepreneur is in default with a payment, he shall receive payment reminders at regular intervals of 7 days. These payment reminders shall be sent to him in electronic form (by e-mail) and, in the event of repeated default, additionally by post.

(3) The prices stated are net amounts and include all other price components. Any shipping costs (only for physical goods) and the statutory sales tax must be added.

(4) The entrepreneur has on our online platform the possibility of payment by bank transfer, PayPal and credit card (Visa / Mastercard).

Cancellation

(1) The termination of a contract can be made informally (e.g. by e-mail or telephone), but also by mail. The cancellation should contain the following data: Customer number, contract number, termination date. The identity of the entrepreneur must be clearly identifiable.

(2) The notice period is 1 (one) day to the next contract period, unless otherwise stated.

Haftung

(1) We shall be liable in each case without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the rental or purchase object and in all other cases regulated by law.

(2) Insofar as essential contractual obligations are affected, liability in the case of slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.

(3) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.

(5) We are not liable for the constant or uninterrupted availability of the website "vmmx.io", nor the services offered there. According to the current state of technology, data transmission via the Internet cannot be permanent and/or error-free.

Application and cluster hosting

(1) Our service obligations result from the service description of the respective application hosting or cluster offer. The service will be provided immediately if the statutory right of withdrawal of 14 days is waived, but no later than the expiry of the deadline if it is observed.

(2) If the Entrepreneur is granted unrestricted and sole administration rights for the components of a service or if he integrates a server of an external service provider into the online platform, the latter shall be solely and exclusively responsible for the security of the same. He undertakes to take the necessary technical and organizational measures, as well as to inform himself independently and regularly about possible security vulnerabilities in the server and software components operated by him, as well as to close these independently.

(3) Insofar as we provide the Contractor with software, the Contractor shall be granted a non-exclusive right of use for the duration of the contract. He undertakes to comply with any license provisions without restriction.

(4) The entrepreneur also undertakes to set up and manage its components and servers in such a way that the security, integrity, legal compliance and availability of our online platform, as well as the networks, other servers, software and data of third parties are not jeopardized. The operation of illegal scripts and applications, as well as the processing or distribution of illegal content under German and international law is expressly prohibited. This includes in particular content that disregards copyright, trademark, personal or other property rights, distance selling law, competition law, criminal law or data protection law. We reserve the right to punish any infringement with an immediate blocking of the service concerned.

(5) There is no claim that any services are assigned the same IP address or the same host name for the entire contract period. We reserve the right, in case of technical or legal necessity, to make any changes to the assignments and to assign a new IP address or a different host name to the Contractor's Service.

(6) Traffic is to be considered "fair use" unless otherwise specified. If a limit is specified for the purchased service, the Entrepreneur shall independently ensure compliance with the limit. After exceeding the limit, the service will be blocked. This can be lifted immediately by adding traffic volume or automatically at the beginning of the next contract period.

(7) Security copies of the Contractor's applications are created automatically. However, he also undertakes to carry out a data backup within the scope of the technical possibilities. In the event of a complete loss of data including backups, we will transfer the relevant data files to our servers free of charge.

(8) We reserve the right to adapt our systems (software and hardware) to the current state of the art in order to provide the agreed services. We shall notify the Contractor of any resulting requirements for its components and servers at an early stage and also undertake to make adjustments only within the scope of technical necessity and taking into account the interests of the Contractor.

(9) Unless otherwise agreed in writing, the services we provide have a yearly average availability of 99.9%. Downtimes due to regular or sporadic maintenance are already taken into account there. Excluded are downtimes caused by force majeure or the fault of third parties over which we have no direct influence.

Domains

(1) In the procurement and maintenance of domains, we act exclusively as an intermediary between the entrepreneur and the registry. We undertake to prepare and submit a fully completed application for registration or transfer of the domains desired by the entrepreneur in accordance with the specifications of the respective registry. A guarantee for the transfer or allocation, as well as the permanent continuance of the domains in favor of the entrepreneur cannot be given.

(2) With the registration or transfer of a domain to us, the entrepreneur guarantees that the domain in question does not violate any rights of third parties.

(3) The loss of a domain must be reported immediately by the entrepreneur.

(4) We reserve the right to activate a domain only after successful payment of all outstanding items. Furthermore, in case of a cancellation, we may withhold the release of the domain until all payment obligations have been met.

(5) If the entrepreneur does not give a clear instruction for the deletion of the domain at the end of a contract, it will be automatically returned to the responsible registry or deleted by us after the expiration of the contract.

Confidentiality and verification obligation of the contractor

If passwords, certificates or other contents designated as confidential are provided to the Contractor, they shall be treated as such. Unjustified disclosure to third parties is not permitted. A justification could be, for example, the cooperation with an external service provider by the entrepreneur. The entrepreneur must keep a tabular record of the places to which he has forwarded the access data. We reserve the right to request this protocol in case of unusual activities.

Modification of our general terms and conditions

We reserve the right to amend these General Terms and Conditions from time to time to ensure that they always comply with current legal requirements or to implement changes to our services in the General Terms and Conditions, e.g. when new services are introduced.