1. What we provide
We operate managed hosting for the Umbraco content management system. The service consists of a running Umbraco instance, its database, storage and traffic within the limits of the plan you have chosen, a hostname we assign, TLS certificates, and backups at the frequency stated for your plan.
The service is provided as a standardised product. We do not undertake to adapt it to individual requirements, and we do not provide development, consulting or content work unless separately agreed in writing.
We may change the technical implementation — the underlying hardware, the machine your instance runs on, the versions of the software we operate — provided the agreed scope of service is maintained.
2. Availability
We aim for an availability of 95 % of each calendar month, measured at the instance's assigned hostname over HTTP, from outside our platform. Availability is recorded continuously and is visible to you in your console, together with a log of every interruption we observed.
The following are not counted as unavailability: planned maintenance announced at least 24 hours in advance; interruptions caused by changes you request or perform, including restarts, restores, plan changes and code or configuration you deploy; suspension for non-payment or breach of these terms; failures of your own domain, DNS or third-party services; and events outside our reasonable control, including failures of upstream network providers, data centres and force majeure.
If availability in a calendar month falls below 95 %, you may request a credit of 10 % of that month's fee for the affected instance for each full percentage point below the target, up to 50 % of that month's fee. The request must be made within 30 days of the end of the month concerned. This credit is the sole and exclusive remedy for missing the availability target; it does not limit statutory rights that cannot be excluded, including those under section 8.
The availability target is a target, not a guarantee within the meaning of § 276 para. 1 BGB, and no guarantee of any kind is given unless expressly designated as such in writing.
3. Your obligations
You are responsible for the content you publish and for everything done through your instance, including by the users you grant access to. You must not use the service to store or distribute unlawful content, to send unsolicited mail, or in a way that impairs our infrastructure or other customers.
You are responsible for keeping the Umbraco application, its packages and any code you deploy up to date and secure. We operate the platform beneath your instance; we do not audit or maintain what runs inside it.
You must keep your access credentials confidential and inform us without delay if you believe they have been compromised.
You are obliged to keep your own backups of data that is important to you, to an extent appropriate to its importance. Our backups are part of the service and we take them seriously, but they are not a substitute for your own.
4. Fees and payment
Fees are those of the plan you select, stated per month and payable in advance. Prices are exclusive of value added tax where it applies; the tax treatment is determined by your location and status and is shown on each invoice.
If a payment fails, we will retry it and notify you. If it remains unpaid, we may suspend the instance after the notice period stated in those notifications. Suspension stops the service; it does not delete your data.
We may change prices with six weeks' notice before the start of a new billing period. If you do not accept the change, you may terminate to the date it takes effect.
5. Term and termination
The contract runs for the billing period you select and renews for the same period unless terminated. You may terminate at any time, either to the end of the current billing period or with immediate effect.
If you terminate with immediate effect, we refund 80 % of the unused portion of the current billing period, calculated pro rata by day. The 20 % retained covers the cost of provisioning, operating and decommissioning the instance, which does not scale with how long you keep it.
We may terminate for good cause, in particular repeated or serious breach of section 3, or non-payment after the notice period has run. The right of both parties to terminate for good cause without notice remains unaffected.
On termination we delete your instance. A final backup is retained for the period stated in your plan so that an accidental deletion can be reversed; after that, the data is gone and cannot be recovered. Export anything you need before terminating.
6. Data protection
Where we process personal data on your behalf in operating the service, we do so as a processor within the meaning of Art. 28 GDPR, on the basis of a separate data processing agreement which forms part of this contract.
Data is stored and processed within the European Union.
You remain the controller for the personal data in your instance and are responsible for having a lawful basis for processing it.
7. Backups and data loss
We take backups at the frequency and retention stated for your plan and we test that they restore. In the event of data loss for which we are responsible, our obligation is to restore the most recent backup we hold.
Because of this, our liability for loss of data is limited to the effort that would have been required to recover the data from backups properly maintained by you in accordance with section 3.
8. Liability
We are liable without limitation for damages caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act, for fraudulently concealed defects, and to the extent of any guarantee we have expressly given.
For slight negligence we are liable only where an obligation has been breached whose fulfilment makes the proper performance of this contract possible in the first place and on whose observance you may regularly rely (a cardinal obligation). In that case our liability is limited to the damage that was foreseeable and typical at the time the contract was concluded.
In cases of slight negligence, our total liability is further limited to the fees paid by you for the affected instance in the twelve months preceding the event giving rise to the claim.
Any further liability for slight negligence is excluded. In particular, we are not liable for lost profit, lost savings, loss of business opportunity, or indirect or consequential damage arising from unavailability, provided the availability target in section 2 is met.
These limitations also apply to the personal liability of our employees, representatives and agents, and they do not affect the statutory allocation of the burden of proof.
9. Changes to these terms
We may change these terms with at least six weeks' notice in text form before they take effect. If you do not object in text form before the effective date, the change is deemed accepted; we will state this consequence in the notice. If you object, either party may terminate to the effective date.
10. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is our registered office.
If a provision of these terms is or becomes invalid, the validity of the remainder is unaffected.
There are no verbal side agreements. Changes and additions require text form.