As of December 2020
1. General Conditions
1.1 ORMI.cloud is a brand and offer from:
3P Consulting GmbH
1.2 We provide our services exclusively on the basis of these general terms and conditions. These also apply to future contracts between the parties, even if they are not expressly agreed again.
1.3 We do not recognize deviating terms and conditions of the customer unless we have expressly agreed to them in writing.
2.1 Our offer is aimed at traders, our prices are net prices and do not include statutory VAT.
2.2 The customer's application to conclude the intended contract consists either in submitting an order form to us in writing or in sending an electronic declaration on the ORMI.cloud website. The customer is bound to his application for 7 days. The contract is only concluded with the express acceptance of the customer application by ORMI.cloud or the first recognizable act of fulfillment by ORMI.cloud.
2.3 Unless otherwise agreed, the minimum contract term is 1 month. Unless otherwise agreed, the contract will be extended by the respective minimum contract period in the absence of termination.
2.4 This does not affect the right of both parties to extraordinary termination for good cause. An important reason exists for us in particular if the customer (a) is in arrears with the payment of the fees in the amount of two monthly basic fees; (b) culpably breaches an essential contractual obligation and the customer does not remedy the situation despite a warning within a reasonable period.
2.5 Our information and declarations can be sent electronically to the customer to the e-mail address provided by the customer.
3. Our performance obligations
3.1 Our performance obligations result from the performance description of the respective product. Other promises, performance promises or side agreements are only effective if they are confirmed by us in writing.
3.2 We are entitled to expand our services, adapt them to technical progress and / or make improvements. This applies in particular if the adjustment appears necessary to prevent misuse, or if we are obliged to adjust our services due to legal regulations.
3.3 ORMI.cloud has the right to use third parties to provide services at any time and to any extent.
3.4 We are only obliged to provide technical support to the customer within the scope of what is contractually agreed. In addition, we do not grant the customer any free support services.
3.5 If the customer is provided with fixed IP addresses, we reserve the right to change the IP address (es) assigned to the customer if this should become necessary for technical or legal reasons.
4. Customer Obligations, Prices and Payment
4.1 Usage-independent fees are due and payable in advance for the respective contract period, unless a different billing period has been agreed with the customer.
4.2 Unless otherwise agreed, payments by the customer are made by SEPA direct debit, credit card or PayPal.
4.3 Unless otherwise agreed, the customer grants ORMI.cloud a mandate for the SEPA core direct debit procedure to collect all fees incurred in the context of the contractual relationship. The mandate also applies to new bank details provided by the customer. The customer must ensure that his account has sufficient funds in the agreed debiting period. The customer is obliged to reimburse ORMI.cloud for any damage caused by any refusal of payment by the bank holding the account.
4.4 When paying via PayPal, the relevant PayPal terms and conditions apply in addition to these. The customer authorizes ORMI.cloud to collect the respective invoice amount from his PayPal account.
4.5 The customer is in default even without a reminder if he does not pay within 14 days of receiving an invoice. If any payment deadlines given in the invoice are exceeded, we are entitled to charge default interest even without a reminder. If the customer is a consumer, the amount of the default interest is 5 percentage points above the base rate. If the customer is an entrepreneur, the amount of the default interest is 8 percentage points above the base rate. In addition, we are entitled to withhold all other services in the event of default.
4.6 The customer undertakes to exempt us internally from all possible claims by third parties based on illegal or infringing actions by the customer or errors in the information provided by the customer. This applies in particular to copyright, trademark, name, data protection and competition law violations.
4.7 The temporary blocking of services does not affect the customer's obligation to pay.
4.8 The customer expressly assures that the provision and publication of the content of the websites or data posted by him does not violate German or other relevant national law, in particular copyright, trademark, name, data protection and competition law. We reserve the right to temporarily block content that appears questionable to us in this regard. The same applies if we are asked by a third party to change or delete content on hosted websites because they allegedly violate third-party rights.
4.9 The customer further undertakes not to use the resources made available by us for actions that violate legal prohibitions, common decency and the rights of third parties. This includes the following actions in particular:
(a) unauthorized entry into third-party computer systems (e.g. hacking);
(b) hindrance of third party computer systems by sending / forwarding data streams and / or emails (e.g. DoS / DdoS attacks / spam / mail bombing);
(c) Search for open access to computer systems (eg port scanning);
(d) Sending e-mails to third parties for advertising purposes, unless the recipient has given the express consent or otherwise given permission;
(e) falsifying IP addresses, mail and news headers as well as spreading malware.
4.10 If the customer violates one or more of the stated obligations, we are entitled to stop all services immediately. We expressly reserve the right to claim damages.
5.1 We are only responsible for service disruptions insofar as these concern services to be provided by us. We do not accept any liability for direct damage, consequential damage or lost profit due to technical problems and disruptions within the Internet that are beyond our control.
5.2 We are only liable in the event of intent and gross negligence in accordance with the statutory provisions. In this case, our liability is limited to the foreseeable damage typical of the contract, max. on 100 % of the annual product rental.
5.3 In cases of slight negligence, liability for all other damage, in particular consequential damage, indirect damage or lost profit, is excluded.
5.4 Insofar as our liability is excluded or limited, this also applies to the liability of our employees, other employees, representatives and vicarious agents.
5.5 We would like to point out that, according to the current state of technology, it is not possible to create hardware and software in such a way that it works without errors in all application combinations or can be protected against any manipulation by third parties.
5.6 We have to eliminate malfunctions within the scope of the technical possibilities (Service Level Agreement). If the disruption is not rectified within a reasonable period of time, the customer must set us a reasonable grace period. If the disruption is not eliminated within this grace period, the customer is entitled to his statutory rights. Claims for damages exist at most within the framework of liability under this article.
5.7 In the event of a loss of data for which we are responsible, we are only liable within the framework of the following limitations of liability to the costs of restoring and restoring data that would have been lost if the customer had backed up the data properly.
5.8 In the area of application of the Telecommunications Act (TKG), the liability regulation of § 44a TKG remains unaffected in any case.
6.1 We collect, process and use personal data of the customer within the framework of the legal data protection regulations. Additional information can be found in our data protection declaration.
7. Copyrights, License Agreements
7.1 We grant the customer a non-exclusive (simple) right of use limited to the term of the contract for our own and third-party software made available. The transfer, except with our consent by way of contract takeover, as well as the granting of sub-licenses to third parties are not permitted.
7.2 For open source programs, the currently valid license terms of the software provider also apply. We will make these available to the customer on request. If the conditions of the software provider contradict these conditions, the conditions of the software provider take precedence.
7.3 If the customer manages, sets up or distributes licenses himself on the servers, he is the only one responsible for correct licensing.
7.4 In addition, the license terms of the respective software manufacturer apply.
8. Applicable law, place of jurisdiction, miscellaneous
8.1 The law of the Federal Republic of Germany applies to the exclusion of the Uniform UN Sales Convention (CISG).
8.2 If the customer is a merchant, legal entity under public law or a special fund under public law, Betzdorf is the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship. We are also entitled to sue the customer at his general place of jurisdiction.
8.3 We do not take part in a dispute settlement procedure before a consumer arbitration board.
8.4 Should a provision of the contract be or become ineffective or should the contract contain a gap that needs to be filled, this does not affect the effectiveness of the remaining provisions. The parties undertake to replace the ineffective provision with an effective one that most closely corresponds to the economic purpose of the ineffective provision. The same applies in the event of a loophole in the contract.