General Terms and Conditions (GTC) Cloudtiger Hosting Ltd.

Contact details of the contracting party

Cloudtiger Hosting Ltd.
61 Bridge Street
Kington HR5 3DJ
United Kingdom

Company registration number: 14872830
Executive Managing Director: Juan Lavado

Registered in England and Wales.
Date, place: Cardiff, on 16th May 2023

Phone: +44 73 9848 7717
Email: [email protected]

The United Kingdom is designated as the exclusive jurisdiction for any legal matters pertaining to this agreement.

1 Scope of application, change of the GTC

1.1 These GTC apply to all contracts for the provision of Internet services between Cloudtiger Hosting Ltd. and its customers. The special conditions for the transfer and use of software, for server management and for resellers listed in the appendix only apply if the customer uses one of the services of Cloudtiger Hosting Ltd. mentioned there.

1.2 These GTC apply to all contracts concluded between the parties (orders/orders), even if the GTC are not expressly referred to in them. Deviating general terms and conditions of the customer do not apply, even if Cloudtiger Hosting Ltd. does not explicitly contradict them. Individual special agreements take precedence over these GTC; this does not apply to pre-formulated contractual terms of the customer.

1.3 Cloudtiger Hosting Ltd. reserves the right to change these GTC at any time. For new contracts, the version valid at the time of the conclusion of the contract is decisive. For existing customers, the amended GTC shall only apply subject to the special requirements of the following section.

1.4 In relation to existing customers, an amendment of the agreed GTC is possible under the following restrictions: circumstances that justify such an amendment are subsequently occurred, unforeseeable changes that Cloudtiger Hosting Ltd. does not cause and on which it has no influence and which have a unilateral effect to the detriment of one party, as well as gaps that have arisen in the GTC that lead to difficulties in the implementation of the contract. Cloudtiger Hosting Ltd. will send the amended GTC to the customer four weeks before they come into force, stating the circumstances that caused the change and the scope of the changes. If the customer does not object to the change in writing or by fax before it comes into effect, but declares his consent to the new GTC by continuing to use the services of Cloudtiger Hosting Ltd., the change is considered accepted; the GTC in their then amended version will then also apply to existing contracts from the announced date. In the event of a timely, formal objection, the previous GTC shall continue to apply in the relationship between the parties; in this case, both the customer and Cloudtiger Hosting Ltd. are entitled to terminate the contract with ordinary notice in accordance with No. 6 Item 3.

2 Conclusion of contracts, communication

2.1 Unless otherwise indicated, offers and telephone information provided by Cloudtiger Hosting Ltd. are non-binding. The offers and service descriptions published on the website of Cloudtiger Hosting Ltd. at cloudtiger-hosting.co.uk are authoritative.

2.2 Orders of the customer can be accepted in writing or by fax. Placing an order by phone or e-mail is not possible, but Cloudtiger Hosting Ltd. will submit a written offer to the customer upon such requests.

2.3 Unless the customer explicitly and in individual cases requests a written notification, the customer agrees that information about current contracts will be sent to him via email. This also applies to confidential information such as, in particular, the access data for services ordered by the customer.

3 Beginning, duration and termination of the service contract

3.1 The contract with Cloudtiger Hosting Ltd. for the use of services provided by Cloudtiger Hosting Ltd. comes into effect with the submission of the online order form or other electronic means or with the signing of a written order form / contract.

3.2 The service contract is concluded for an indefinite period of time, unless otherwise agreed in the service contract.

3.3 Either Party may terminate the Service Agreement at any time, but for the first time at the end of the minimum term of the Service Agreement between the Parties.

3.4 For good cause, either party may terminate the Service Agreement at any time with immediate effect. This applies in particular if the available services of Cloudtiger Hosting Ltd. or the third party services obtained by means of this service are obtained, used, made accessible to unauthorized third parties or passed on in violation of law, contract or purpose, as well as if the terms of use of Cloudtiger Hosting Ltd. or third parties are disregarded.

4. scope of services

4.1 Cloudtiger Hosting Ltd. relies on infrastructures operated by third parties to provide its services, over which Cloudtiger Hosting Ltd. has no control. Therefore, there may be disruptions or impairments that have their cause outside the sphere of influence of Cloudtiger Hosting Ltd., in particular disruptions of the Internet or by force majeure.

4.2 Unless otherwise agreed, Cloudtiger Hosting Ltd. guarantees an availability of its services offered via the Internet of 99.6% per year. Availability is given when the servers and services are essentially operational. The following circumstances are not considered as disruptions of operation:

Interruptions in accessibility due to disruptions in the area of third parties over which Cloudtiger Hosting Ltd. has no control. interruptions due to force majeure short-term interruptions of the operation, which are necessary to prevent or avoid concrete dangers by a possible abuse by third parties (so-called exploits) (e.g. by updates) To maintain the performance of the technology used, Cloudtiger Hosting Ltd. regularly performs maintenance and service work. To the extent that this work involves service outages, Cloudtiger Hosting Ltd. will, if possible, schedule these during times of usually low demand and notify the customer of this in advance.

4.3 In order to maintain a high level of security, software updates are installed regularly. This may change the scope and design of the services provided by Cloudtiger Hosting Ltd.. It cannot be ruled out that this may also require changes to content deposited by the customer or applications installed by the customer. As far as possible, Cloudtiger Hosting Ltd. will inform the customer about this beforehand. If such a system update requires unacceptable changes for the customer, the customer can terminate the contract extraordinarily.

4.4 Cloudtiger Hosting Ltd. is entitled to have the services owed by it provided in whole or in part by third parties.

4.5 Unless otherwise agreed in the individual contract, Cloudtiger Hosting Ltd. provides support services by answering customer questions via ticket system, which are submitted via the customer area on cloudtiger-hosting.co.uk.

4.6 Cloudtiger Hosting Ltd. commits itself within the usual working hours of the office of Cloudtiger Hosting Ltd. to tackle or carry out measures for the elimination of disturbances and malfunctions of the services. Usual working hours are considered to be weekdays Monday to Friday, 08:00 - 17:00. Outside the office hours, Cloudtiger Hosting Ltd. will try to take measures to eliminate malfunctions of the services as soon as possible, even after the above-mentioned hours.

4.7 The customer is only entitled to a partial refund of the services invoiced by Cloudtiger Hosting Ltd. in case of a noticed breakdown of more than 48 hours for which Cloudtiger Hosting Ltd. is responsible. In case of all other failures of services, there will be no refund of fees already paid. A refund is also excluded if the product or service was paid with Bitcoin or Paysafecard payment. Exceptions reserved by Cloudtiger Hosting Ltd. itself.

4.8 Any claims for recovery by the customer shall expire if a failure has not been reported in writing to Cloudtiger Hosting Ltd. within 30 days after the end of the calendar month concerned and a corresponding fee recovery has been claimed from Cloudtiger Hosting Ltd. for this purpose. In the case of justified claims, Cloudtiger Hosting Ltd. will always offset them in the form of a credit against future subscription fees. The burden of proof regarding unavailability lies with the customer.

5. terms of payment

5.1 Unless another billing method is agreed upon, usage-independent fees are to be paid in advance for the billing period specified in the service description. Usage-dependent charges are billed after the end of the billing period.

5.2 Cloudtiger Hosting Ltd. offers the customer the possibility to pay his invoices anonymously using cryptocurrency(Bitcoin etc) as well as Paysafecard. Separate conditions apply to this (§ 6 separate payment methods & conditions).

5.3 Invoices are to be paid within the stated payment period.

5.4 The customer is in default if the payment deadline stated in the invoice is exceeded. If the customer is in default of payment, Cloudtiger Hosting Ltd. may restrict, block or terminate its services without notice after prior notice; this also applies to domains registered for the customer. For such a blocking Cloudtiger Hosting Ltd. charges a handling fee of 10% of the due invoice amount, unless the customer proves that in the individual case no or a significantly lower damage has occurred. In this case, the customer has no claim for service fulfillment by Cloudtiger Hosting Ltd. and remains obligated to pay the periodically due fees.

5.5 The customer can only offset against claims of Cloudtiger Hosting Ltd. with undisputed or legally established counterclaims.

5.6 As with any service provided in perpetuity, the costs of the services provided by Cloudtiger Hosting Ltd. may change due to changes in the legal and economic context (such as increases in energy and telecommunications costs). Cloudtiger Hosting Ltd. therefore reserves the right to change the prices at the beginning of a new billing period with a change period of four weeks. The customer is entitled to extraordinary termination at the time the price change becomes effective. If the customer does not make use of this right within two weeks after receipt of the notification, the change is considered approved; Cloudtiger Hosting Ltd. will explicitly point this out to the customer.

6. special payment methods & conditions

6.1 Cloudtiger Hosting Ltd. offers the customer different payment methods (bank transfer, Paysafecard, cryptocurrency(Bitcoin etc) Paypal, Egopay, CashU, ).

6.2 Cloudtiger Hosting Ltd. charges different surcharges for the offered payment method. The surcharges are displayed to the customers in the order process. Cloudtiger Hosting Ltd. undertakes to offer at least one payment method without surcharge.

6.3 The payment methods Paysafecard as well as cryptocurrencies (Bitcoin etc.) are excluded from so-called "Refund Policies".

6.4 Cloudtiger Hosting Ltd. is entitled to demand a proof in pictorial form of the voucher for payments with Paysafecard. The payment is considered to be completed only when the customer has submitted the voucher in the form of a scan, picture, screenshot or other pictorial possibility.

6.5 Cloudtiger Hosting Ltd. is entitled in the case of payments via Bitcoin, in the event of strong exchange rate fluctuations & loss within 24 hours after payment by the customer (>15% loss), to carry out a recalculation. A then still missing fee is to be paid by the customer after consultation. Cloudtiger Hosting Ltd. commits itself in return in case of strong price fluctuations & increase (>20 %) within 24 hours after receipt of payment to pass on the increase in value proportionately at least to 50 % to the customer. For this purpose Cloudtiger Hosting Ltd. will enter a corresponding credit note for the customer in the customer account.

6.6 For payments via Paysafecard and Bitcoin, Cloudtiger Hosting Ltd. is entitled to set the payment term up to 7 days before the expiration of the service. Here, the customer has to pay attention to the payment target of the respective payment method stated in the invoice independently.

6.7 The customer is in default free of charge if the "payment term before the expiration date of the service" is exceeded. Cloudtiger Hosting Ltd. has the right to block the service temporarily, but free of charge, if it is foreseeable that the payment will not be made in time for the expiration of the service.

6.8 The customer is in default with costs if the actual expiration date of the service is exceeded.

7. obligations of the customer

7.1 The customer is obligated to provide his personal data, as well as a correct email address that is only valid for him, when registering. Cloudtiger Hosting Ltd. must be informed immediately of any change in the data.

7.2 The registration of a domain at the responsible NIC (network information center), its re-registration or deregistration requires the written consent of the respective domain owner. The customer shall immediately give his consent in the respective required form for all orders placed by him which require a change of the status of a domain.

7.3 The customer shall immediately change the access data transmitted to him and keep them secret from third parties. The customer shall be responsible for any misuse of his access data by third parties if he is responsible for such misuse.

7.4 The customer is responsible for making and maintaining sufficient backup copies of his deposited content. Unless otherwise agreed, Cloudtiger Hosting Ltd. does not backup the customer's content.

7.5 When using the services provided by Cloudtiger Hosting Ltd., the customer agrees to comply with the relevant legal regulations and to refrain from actions that could lead to a disruption of the operation of the servers of Cloudtiger Hosting Ltd.. The following actions are prohibited in particular:
mass sending of emails
depositing and making available of data and material of pornographic, commercial erotic character and of material protected by copyright, which the user is not entitled to distribute (e.g. so-called "warez" sites, illegal MP3 downloads, if this is prohibited by the respective national law.
Operation of so-called "file sharing services" such as "torrent" unless the express permission of Cloudtiger Hosting Ltd. is available.
Operation of so-called "open proxy services" such as "TOR".
Depositing and making available data and material with left-wing or right-wing extremist content or of an insulting nature, calls to terrorism and acts of violence
Operation of server services which cause a particularly heavy computer load; this shall not apply to dedicated root servers.

7.6 The customer is aware that Cloudtiger Hosting Ltd. does not check the deposited content, but that he is responsible for the legality of this content.

7.7 Cloudtiger Hosting Ltd. is entitled to temporarily block the services provided for the customer if the customer violates the aforementioned behavioral obligations or if there is a corresponding, concrete suspicion. This is especially the case if third parties demand refraining from the actions performed by the customer by giving reasons and these reasons are not obviously incorrect, or in case of investigations by governmental authorities. As far as possible, Cloudtiger Hosting Ltd. will hear the customer before blocking; if this is necessary in individual cases due to special urgency, Cloudtiger Hosting Ltd. will inform the customer.

7.8 The use of the service to send advertising, spam and mass e-mails ("mail bombs") is expressly prohibited and obligates the user to make good the damage incurred (against his "victim" and against the provider). If the customer violates this regulation grossly negligent and/or intentionally and Cloudtiger Hosting Ltd. detects this or receives a spamabuse from an affected customer and/or ISP, Cloudtiger Hosting Ltd. is entitled to immediate blocking with costs. This also applies to customers who only have one domain with Cloudtiger Hosting Ltd.. A transfer or release of a domain affected by Spam Abuse or the unblocking of a server is only possible after payment of a so called Spam Abuse Handlungfee, which can be between 99,00 Euro and 299 Euro.

7.9 Despite all due care, malfunctions of technical equipment are still possible. If the customer detects such a malfunction in the equipment of Cloudtiger Hosting Ltd. used by him, he will immediately inform Cloudtiger Hosting Ltd. about the malfunction with meaningful information.

7.10 The customer shall refrain from insulting or defaming the employees of Cloudtiger Hosting Ltd.. Cloudtiger Hosting Ltd. reserves the right to terminate contracts without notice, in which case no payments already made will be refunded.

7.11 The customer is obliged to choose the correct support area for his request. Cloudtiger Hosting Ltd. reserves the right to close the corresponding support request without notice in case of disregard.

8 Warranty and liability

8.1 Cloudtiger Hosting Ltd. is not liable for damages, consequential damages or lost profits due to malfunctions and technical problems in technical systems that are beyond the control of Cloudtiger Hosting Ltd.. Cloudtiger Hosting Ltd. is also not liable for such damages based on the violation of the customer's contractual obligations, in particular the obligation to back up the deposited data.

8.2 For defects of the provided storage space, which already existed at the time of the conclusion of the contract, the strict liability is excluded.

8.3 Cloudtiger Hosting Ltd. is liable for itself or a vicarious agent only in cases of gross negligence or intent. This does not apply in case of breach of duties, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely (essential contractual duty). In the case of a slightly negligent breach of an essential contractual obligation, Cloudtiger Hosting Ltd. is liable for itself or a vicarious agent only for such typical damages that were foreseeable at the time of the conclusion of the contract.

8.4 The customer is liable for all direct and indirect damages (including loss of profit) incurred by Cloudtiger Hosting Ltd. from a breach of contractual obligations under No. 6 of these GTC.

8.5 The customer agrees to indemnify Cloudtiger Hosting Ltd. from claims of third parties of any kind resulting from the illegality of content that the customer has stored on the storage space provided to him. This indemnification claim also includes legal defense costs of Cloudtiger Hosting Ltd. (e.g. court and lawyer fees).

9. data protection policy

9.1 Customer data will be processed in accordance with the Data Protection Act. The customer explicitly allows Cloudtiger Hosting Ltd. to use customer data for marketing purposes (e.g. to inform customers about new services or products). The customer can withdraw the consent at any time in the customer center. Cloudtiger Hosting Ltd. does not sell or rent customer data in parts or as a whole to third parties. Only data that is necessary for the processing of the provider/customer relationship will be stored.

10 Confidentiality

10.1 The parties undertake to keep confidential any information of the contractual partner that is designated as confidential and not to make it accessible to authorized third parties by name. In particular, the content of contracts including appendices as well as all communication between Cloudtiger Hosting Ltd. and the customer is considered confidential.

11 Final provisions, place of jurisdiction, applicable law

11.1 Place of performance and jurisdiction for all disputes between the parties is Newark, Delaware. This shall only apply if the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in the USA.

11.2 Should any provisions of these GTC be void or legally ineffective, the remaining provisions shall continue to apply. In this case, void or legally ineffective provisions shall be replaced by legally effective provisions, the economic effects of which are as close as legally possible to those of the invalid provisions.